Mother Phucker!

[Klash]

Re: Mother Phucker!

PS - if this was built this way then yes, you can go after the person who installed it. It should have had to meet code which means someone may have installed it illegally and you can get them for not disclosing that. You can also call you local building and planning department and have them check to see if there were permits pulled for the a/c. If there were, then ask them how it passed. You may be able to get the person who signed off on it. Either way, the building department and the builder don't want that kind of negative publicity so you can probably get it fixed for free or next to nothing. If they won't, take your story to the local news. That will get it fixed REAL fast. LOL

Nice!!!!

Thanks for all the advice!

[DJDIGGLER]

Re: Mother Phucker!

Go after the state because that shouldn't have passed code or inspections with an inferior sized unit. I'd find out who in the county government signed off and go full force at them for their incompetance!!!

[Rage]

Re: Mother Phucker!

How much will replacing the unit with a larger one cost? I would guess that legal fees could easily hit $10,000 if things proceeded quickly for you. If things don't go your way legal fees would be much more.

[DJDIGGLER]

Re: Mother Phucker!

How much will replacing the unit with a larger one cost? I would guess that legal fees could easily hit $10,000 if things proceeded quickly for you. If things don't go your way legal fees would be much more.

Not if he won the case. The losing party usually always ends up paying court costs for both parties. Plus it's the principal....He shouldn't be inconvenienced, nor should he lose any amount of money because of some incompetent fool that was too lazy to do the proper math, or some lazy county worker that didn't feel like doing his job. I honestly don't think any judge would back the builder or the county on that one. If they do take it higher!

[Rage]

Re: Mother Phucker!

Not if he won the case. The losing party usually always ends up paying court costs for both parties.

That is not right. Losers do not pay the winners' legal fees. This only happens in cases of frivolous lawsuits. Frivolous litigation refers to the lawsuit in which a defense or claim is presented in spite of the fact that both the party and the party's attorney knew or should have known that it had no merit and it did not argue for a reasonable extension or reinterpretation of the law or no underlying justification in fact based upon the lawyer's due diligence investigation of the case before presenting the position (e.g., the well known U.S. Federal Rule 11). Jurisdictions differ on whether a claim or defense can be frivolous if the attorney acted in good faith. Because a frivolous defense or claim wastes the court's and the other parties' time, resources and legal fees, it may result in sanctions being levied by a court upon the party or the lawyer who presents the frivolous defense or claim. The law firm may also be sanctioned.

[DJDIGGLER]

Re: Mother Phucker!

So your saying the judge doesn't usually award the winning party court costs? I'm sorry but the majority of the cases I've followed the judge always awards the winning parties court costs be paid. But again I did say usually, and usually in and of itself does not mean all of the time. It means most of the time. There are no guarantee's in court.

[Rage]

Re: Mother Phucker!

So your saying the judge doesn't usually award the winning party court costs? I'm sorry but the majority of the cases I've followed the judge always awards the winning parties court costs be paid. But again I did say usually, and usually in and of itself does not mean all of the time. It means most of the time. There are no guarantee's in court.

Perhaps the cases you've followed have been frivilous lawsuits. They do make the headlines since they are so outrageous sometimes. In most cases both parties act in good faith and behave reasonably therefore giving no cause to require the loser to pay the winner's costs.

[jipped genes]

Re: Mother Phucker!

my old AC was a 3 ton and my house is 2000 sq feet and it did a fine job cooling it down even here in Texas with over 100 degree days and i have a tall ceiling too. when it went out the home owners insurance wanted to replace it with some piece of crap no name junk. we cashed out and bought a good 3.5 ton unit.

our bills did drop quite a bit but the house is still a nice cool 75 degrees

i think you may have leaking ducts or poor insulation around your ducts. you may wanna try double wrapping the ducts with insulation. we also replaced the windows with argon gas filled panes and our bills dropped 30% in both summer and winter

good luch bro sounds like you are in a mess.

[T-Man007]

Re: Mother Phucker!

Here's another thing about A/C's: It's no somuch 'who' makes it that's important but that it's the perfect size for your climate, house size and that it's installed correctly. You could have the best made A/C on the market but if it's too big it won't cool properly because the run time will be so short. Basically, all A/C do is remove the moisture from the air so you want one that is perfect your the size of your home. Also, the SEER rating is the most important number on the thing. The better the rating, the less energy it uses. I looked all this up when Klash started this thread. Some of the experts were saying that people would go out and get larger untis and their homes would be less cool than with the smaller one. They also said that the geographical location and climate where huge factors in picking one. I have a buddy with a 3,500 SF home and he has a 2.5 ton A/C and his a house stays very cool. But, we are in Colorado so we have very little humidity and therefore don't need the same size as someone in say Texas who has a lot of humidity. Don't in Pueblo (about 45 minutes south of me) where the about 60-70 days over 100 degrees, the best thing is a swamp cooler or evaporative cooler. Because it's soo damn dry, those types of machines will add moisture to the air and it cools your house awesome. But, you come up here and they don't work quite as well as down there and that's only 45 minutes away.

[snickers1]

Re: Mother Phucker!

damn bro that sucks .... but if you dish the money out now you will save in the long wrong ...i know it doesn't lesson the sting huh

[DJDIGGLER]

Re: Mother Phucker!

Perhaps the cases you've followed have been frivilous lawsuits. They do make the headlines since they are so outrageous sometimes. In most cases both parties act in good faith and behave reasonably therefore giving no cause to require the loser to pay the winner's costs.

Ok I can see that. But I still think he can include court costs in his lawsuit. It's up to the judge wether he's awarded it or not.

But still you should get something like Prepaid legal and have them write a letter to the builder. They write a demand letter and many people will settle before it gets to court. Trust me I have them and I use it all of the time. It works 90% of the time for me and only costs me $16 a month.

[mick-G]

Re: Mother Phucker!

Bro, its too late to go after anyone, and if the permit was issued you cant do squat. Is this house brand new or older? Im taking its older, so there isn't much you can do. Either buy a new one or pay more for energy. This happened to me and with a new home, not with the air conditioner, but the fuse box. It was too small for the unit and kept blowing fuses. I had to replace with a larger box. Many electricians use cheaper product, as they are working for a general contractor, so they want to lower their costs so the can make more $. Don't want to say i told you so, but if it looked too small, you should have brought this up with the real estate agent. Many of these agents, don't know much about the astetics of homes anyways, its actually alittle ridiculious how little some know. Ive been thru real estate agents that do not even know befor showing what kind of plumbing, how old is the roof, electrical, even how old the house is. They'll have to look at a sheet to find out, lol!

[Klash]

Re: Mother Phucker!

Here's the update.

I have had two techs tell me my house should have had a 3.5 ton installed (of course they're not objective - they both offered to get me a bid). However they informed me that codes are not that specific, there are to many variables (home layout, return air placements, insulation, windows, window placement, environment, etc.) involved to say a house with (x) amount of square feet requires (y) amount of b.t.u.'s (12,000 b.t.u.'s = 1 ton).

Home warrantie's are only required for the first year after the completion of a new home. My home is six years old.