QUESTION

Breach Of Warranty : 5 year parts & labor written warranty for heater / A/C system installed.

Asked on Jul 29th, 2013 on Breach of Contract - Nevada
More details to this question:
We had a heater installed 4 years ago in our home. It came with a 5 year parts and labor warranty. An intermittent issue came up with the heater last winter. The original installers attempted to fix the problem several times by replacing various small parts. They were never able to repair the heater. They then ignored repeated requests for service. We filed a complaint with the BBB. The company responded that there never was, nor is, a problem with the heater, and that they were basically done making service calls. We hired another heater company. They diagnosed and fixed the issue immediately. The heater manufacturer replaced the parts free of charge, but we had to pay this second company for the labor costs. The installing company, when shown the repair information, restated that they never witnessed a problem while on a service call, and that we are responsible for all costs associated with the repair. Can we recoup labor costs from the original installers?
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1 ANSWER

R. Christopher Reade
Based upon the facts as represented, your case as against the original installer and manufacturer under the warranty will be as strong as the repair company's records and testimony demonstrating that there was and is a warrantable repair.  One problem with litigation of this type is that it can be cost-prohibitive compared to the amounts in controversy. 
Answered on Jul 30th, 2013 at 3:43 PM

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