# Small claims or lawsuit?



## bailey (Jun 24, 2013)

I had an ac/heating unit installed 2 years ago by a contractor through Home Depot.  The a/c is not working so I called the company and they are giving me the run around saying ill check into it and call you back in an hour and then I don't hear from them.  I'm now seeing the same complaints regarding the company on the Internet and see that they are no longer accredited by 
the BBB.  

I'm not sure how to proceed legally.  If I go through small claims court...I can get awarded a settlement but collecting it may be a different story.  Also, if something goes wrong again with the unit, I'll be facing the same problem.

Since Home Depot is part of this equation, would I be able to sue them also?  This is overwhelming.  If I call someone else to fix the unit, it voids their warranty.  I'm trying to rent my house but can't without a/c working properly.  Court proceedings could take months.....

Advice please!!!!!


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## Phydeaux (Jun 24, 2013)

Have you gone into the Home Depot and spoke with them?


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## cgeidl (Jun 24, 2013)

*Registered mail with receipt*

The go to Home Depot advise is best IMHO. They may still use the contractor and have lots of leverage to get things done.
Second send a registered letter return receipt to the AC contractor giving them a short time to respond either by repairing or responding in writing.
This will be good in small claims court if that doesn't work. Whether you get a lawyer judgment or small claims you may not be able to collect but if they are really in business you should be able to get paid.
We have chosen to go to small claims court twice and both worked well for us. Also have been in two drawn out cases where lawyers stalled forever as they do not get paid to get things settled fast. The more ridiculous motions filed the more there is to read and file counter motions and the hourly bills go up. we have 5 % of the world's population yet 70 % of the world's lawyers and somehow many find ways to make a good living.


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## easyrider (Jun 24, 2013)

In many states, the contractor is only responsible for the workmanship for 1 year. Also, unless the equipment has a warranty you can expect no help from the manufacturer other than to let you know who in your area is authorized to work on your equipment. 

One problem with ac and heat pumps are caused by power surges. This sometimes causes the fuse to burn out. If the unit is newer and doesn't power up or only partially powers up it could be a burnt fuse. To check this you would use an electrical tester to see if power is leaving the fused disconnect near the ac. If one or both sides read no power then its time to change the fuse.


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## csxjohn (Jun 24, 2013)

easyrider said:


> In many states, the contractor is only responsible for the workmanship for 1 year. Also, unless the equipment has a warranty you can expect no help from the manufacturer other than to let you know who in your area is authorized to work on your equipment.
> 
> One problem with ac and heat pumps are caused by power surges. This sometimes causes the fuse to burn out. If the unit is newer and doesn't power up or only partially powers up it could be a burnt fuse. To check this you would use an electrical tester to see if power is leaving the fused disconnect near the ac. If one or both sides read no power then its time to change the fuse.



This is a very good first step.  Make sure the circuit breaker is turned off then you can open the small box near the compressor and check the fuses.  I'm not an electrician but have done this often and it is easy with a multi meter to check the continuity of the fuses.

Sometimes the fuse ends get a little corroded and need a little emery cloth or sand paper rubbed on them and the fuse holder.

MAKE SURE YOU ARE NOT GETTING POWER TO THE FUSE BOX BEFORE YOU ATTEMPT THIS.


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## Elan (Jun 24, 2013)

If I were waiting to rent a house due to the A/C being out, the first thing I'd do is fix the A/C.  As easyrider stated, it may just be a fuse at the disconnect.  Not that hard to diagnose.  If you don't want to try to diagnose the problem yourself, then contact a reputable local company that is an authorized repair agent for your brand of A/C unit.  Although it's possible there are major issues with your A/C unit, it's unlikely after only 2 years..  

 I'd worry about the accountability issue later, if neccessary, starting with a visit to HD.


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## csxjohn (Jun 24, 2013)

When you say the AC is not working it could be a number of things.  It could be something simple like the breaker to the furnace blower got turned off or the switch on the furnace it self may have been turned off.

Google your problem and maybe there is an easy fix before you start waking up the lawyers.

After 2 yrs there still should be a warranty on the unit but if it is something simple you may pay for a service call.


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## vacationhopeful (Jun 24, 2013)

One of my good friends signed up with Home Depot for solar systems. Seems the solar "company" billed a new Home Depot credit card (you know the one with free interest for xyz days) for the installation. Home Depot started sending him the credit card bill for $25,000+.

Solar company never installed the system - took him MONTHS to get *Home Depot corporate CONTRACTOR SERVICES IN ATLANTA* to even acknowledge that he did NOT have solar panels nor had ANY PERMIT (contruction, electrical or roofing) been applied for (and much less inspected and appoved). He kept very good notes of everything.

Get an address for Home Depot Contractor Service in Atlanta, get the HVAC manager (or VP name) and send him copies of the contract(s) for the AC work. Demand immediate (15 days due to habituality issues and lack of rent as further and compounding damages) resolution *CERTIFIED RETURN RECEIPT USPS mailing with a 2nd regular mail package.* (Register Mail is for signed corporate securities and is really expensive.)

Good luck. I think my friend had 6 months worth of crap from both the local store and corporate headquarters until he FOUND the Contractor Services group was WHO DEALTH with outside contractors.


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## bailey (Jun 24, 2013)

The unit turns on.  I can hear it working and cold air is coming from the turn but not from the vents so I'm assuming that its not a fuse????  

I would get it fixed by someone else but from what I read, this voids the warranty by the contractor. My contract reads 10 years parts/labor from contractor.

So I guess I should start with the local Home Depot ??? Last time I had a problem with one of their contractors installing my dishwasher.  The creep called me afterwards to leave a lewd message.  Home Depot told me their was NOTHING they could do since they were not an actual employee of the company.  

If it comes to filing a small claims suit, would I name both the contractor and Home Depot as the defendants?


I WILL NEVER BUY ANYTHING AT HOME DEPOT AGAIN!!!!!!!!!


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## Elan (Jun 24, 2013)

bailey said:


> The unit turns on.  I can hear it working and cold air is coming from the turn but not from the vents so I'm assuming that its not a fuse????
> 
> I would get it fixed by someone else but from what I read, this voids the warranty by the contractor. My contract reads 10 years parts/labor from contractor.
> 
> ...



  That sounds like an air handler problem to me, which likely has nothing to do with your newish A/C unit.  

  Get a trustworthy HVAC company to come have a look.  A service call should be well under $100.  You might be stressing over the wrong issue(s) entirely, but you won't know that until you know where the problem lies.  WRT voiding the warranty, the parts should be warranted by the manufacturer, and the labor is warranted by the installer.  Do you really want that installer back to your house?  In that regard, I view "voids the warranty" as a non-issue.


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## Phydeaux (Jun 24, 2013)

bailey said:


> So I guess I should start with the local Home Depot ???




Yes. Don't you think that's the most logical place to start, before you start talking about taking this to court?


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## bailey (Jun 24, 2013)

Just spoke with person at contractors office and she says that I need to go through Home Depot ...that they are the ones responsible for the warranty??  Contract has Sawyers at top not Home Depot?  She said that the business used to be 2 brothers and now there is only one, so Home Depot gave the warranty $$ to the other brother.   Doesn't seem to be my problem...anyway
This seems like the brush off.....


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## vacationhopeful (Jun 24, 2013)

bailey said:


> Just spoke with person at contractors office and she says that I need to go through Home Depot ...that they are the ones responsible for the warranty??  Contract has Sawyers at top not Home Depot?  She said that the business used to be 2 brothers and now there is only one, so Home Depot gave the warranty $$ to the other brother.   Doesn't seem to be my problem...anyway
> This seems like the brush off.....



Re-READ my post #8.

That is the brush off!  Contractor Services in Atlanta. My friend lives in NJ. HD is headquarted in Atlanta. He took pictures of HIS ROOF where he has lived 50+ years to PROVE he did not have no SOLAR, never had no solar, wanted SOLAR, etc.

At least you have a condensor!


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## PigsDad (Jun 24, 2013)

bailey said:


> The unit turns on.  I can hear it working and cold air is coming from the turn but not from the vents so I'm assuming that its not a fuse????


It may be a silly question, but have you replaced / cleaned your filter lately?  Sounds like an air flow problem.  If you do not have enough air flow across the condensor coils, they can freeze up and further restrict air flow.  

Another question: do you shut vents off in some of your rooms?  Shutting off vents can also cause lower airflow and the freeze up conditions.  You should keep all vents open, and make sure the air returns are not blocked by furniture or other things.

Kurt


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## easyrider (Jun 24, 2013)

PigsDad said:


> It may be a silly question, but have you replaced / cleaned your filter lately?  Sounds like an air flow problem.  If you do not have enough air flow across the condensor coils, they can freeze up and further restrict air flow.
> 
> Another question: do you shut vents off in some of your rooms?  Shutting off vents can also cause lower airflow and the freeze up conditions.  You should keep all vents open, and make sure the air returns are not blocked by furniture or other things.
> 
> Kurt



YUP.. I have seen this problem too many times. Many systems have two filters in two different locations. Usually one close to the blower and one at the fresh air intake.


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## bailey (Jun 24, 2013)

Talked to the Home Depot and customer service knew right away which contractor I was referring to.  She gave me the number to the corporate office and the person handling it.  This person says they'll send someone out to diagnose the problem for free but I will have to pay for labor even though my contract says 10 years parts and labor.  Not happy !

I'm faxing the contract to her ...and waiting for this other contractor to call me.  What a pain!


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## bailey (Jun 25, 2013)

I checked the filter and it looks clean.  Thats the only filter im aware of.  The unit is on the roof.  I think one vent is closed in a spare bedroom, I'll check tomorrow.  Thanks.


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## csxjohn (Jun 25, 2013)

bailey said:


> I checked the filter and it looks clean.  Thats the only filter im aware of.  The unit is on the roof.  I think one vent is closed in a spare bedroom, I'll check tomorrow.  Thanks.



I know that sometimes if it's really hot out a unit can get over worked if the thermostat is set too low and ice up.

Make sure it's set no more than 10 degrees below the outside temp and see if that helps.


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## bailey (Jul 10, 2013)

Update:  still without a/c  home Depot had a/c company call to set up appointment.  When I called to set up appointment they tell me someone will call me back ...no one does.  I call them again and they tell me they don't serve this area????   Then why did you call me to schedule an appointment ????  I call a different company that the HD rep referred to in her voice mail and they tell me they don't serve my area either.  HD has not returned my calls and I burning up (in more ways than one)


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## M. Henley (Jul 11, 2013)

*Home Depot*

My experience with Home Depot has not been positive.


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## Passepartout (Jul 11, 2013)

How about getting with the customer service part of the manufacturer? They would have a record of who services their units in your area- and some leverage to assure you get taken care of.

Short of that and not having the holding back of paying Home Depot for it as leverage, that would leave filing a complaint with the board that issued the contractor's license, the BBB, and a letter to the editor.

If it's as hot in your neck of the woods as it is in mine, I can sympathize with you. We'd be in a hotel if we had no a/c.

Jim


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## gmarine (Jul 11, 2013)

If the product was purchased and paid for at Home Depot then they are the ones to deal with. Store manager then if that doesnt resolve it ask for a regional manager.

I've had a lot of success using social media, especially Facebook, when having problems with a company. If you belong to Facebook, go the the Home Depot page and send a message to them explaining that your having a problem with the local store that isnt being resolved. You will likely be contacted by a regional manager or be given a contact to call.


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## vacationhopeful (Jul 11, 2013)

vacationhopeful said:


> One of my good friends signed up with Home Depot for solar systems. Seems the solar "company" billed a new Home Depot credit card (you know the one with free interest for xyz days) for the installation. Home Depot started sending him the credit card bill for $25,000+.
> 
> Solar company never installed the system - took him MONTHS to get *Home Depot corporate CONTRACTOR SERVICES IN ATLANTA* to even acknowledge that he did NOT have solar panels nor had ANY PERMIT (contruction, electrical or roofing) been applied for (and much less inspected and appoved). He kept very good notes of everything.
> 
> ...



*Please RE-READ my post of 3 weeks ago! *

My friend was a school principal (think union contracts for teachers) and a total PIA his whole life --- this is the level of BS he had to go to.  Fortunately, he used the "get a HOME DEPOT Credit Card for 90 days FREE INTEREST offer...

The Home Depot locals brush off to corporate (they got NO money) and corporate KNOWS short of hiring a lawyer in Atlanta, nothing will happen. But Atlanta will try to pin it back onto the defunct local contractor.

Who did you sign the contract with? What was the letterhead & address on the contract? Who did you pay? Where was your check cashed? 

And this is why I use local contractors - I know where they live.


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## bailey (Aug 15, 2013)

After calling daily and leaving messages 3-4 times a day, another contractor was sent out to repair the unit by Home Depot.  Gee it only took over a month in 106 degree weather.  
I guess Home Depot is suing the original contractor.  Now I just have to pray that nothing else goes wrong in the next 8 years...that's how long my Mickey Mouse warranty is supposed to be good for .  

Thanks for all your suggestions.


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## bogey21 (Aug 15, 2013)

I would have called a reputable heating/air conditioning company, paid them for a service call, and found out what the problem was.  Depending on the problem I would then have gone to Home Depot with the facts and pushed them to fix it.   Just the way I would have handled it.

George


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## Passepartout (Aug 15, 2013)

Glad you finally got it fixed. I hope you kept the card of the contractor who finally showed up. You might need him. Sleep cool and well.....


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## csxjohn (Aug 16, 2013)

bailey said:


> After calling daily and leaving messages 3-4 times a day, another contractor was sent out to repair the unit by Home Depot.  Gee it only took over a month in 106 degree weather.
> I guess Home Depot is suing the original contractor.  Now I just have to pray that nothing else goes wrong in the next 8 years...that's how long my Mickey Mouse warranty is supposed to be good for .
> 
> Thanks for all your suggestions.



What was wrong with your unit??


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## LUVourMarriotts (Aug 16, 2013)

I had an issue with a contractor of Home Depot for custom doors. I got the same run-around until I called Home Depot and requested the district managers contact info. I contacted him and within 24 hours, my correctly sized doors were being built and I was given a 50% discount. So go right up to the top. 

In your situation, unless the install caused the issue, or you purchased a warranty through Home Depot, I don't know how they would be involved. But, they should know that their contractor is not providing quality customer care. That is something the DM would try to help with.


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