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Faulty AC unit in new home

FloridaDefects

Hi, I had a mold issue in my now 6 year old home (a former model home in my development) last year. I called my insurance, they investigated probable causes and everything was ruled out. By process of elimination, the AC unit was listed as the cause. My home went through the remediation process and the AC unit was opened, found to be full of mold and cleaned. A week later, it started making noises. I was advised to get the AC unit replaced because of the mold issue inside of it and the coils were busted. When the old unit was removed, the tech said that the unit was not sealed properly and was definitely the cause of the mold issue in my home. The warm air from outside was meeting the cool air inside the AC handler and caused moisture. The new HVAC unit then started having problems within 3 months of being installed. It was found that my air ducts had a high negative static pressure and had to be replaced. I contacted Lennar (the builder) in February via certified mail with a very detailed letter of what happened, all of my receipts, statements from inspectors and HVAC company and pictures of mold on furniture, clothing, AC, improperly installed ductwork and AC handler. They contacted me twice in March. The second time, I spoke with Chris Schouff who said he used to work with AC units and that an AC unit cannot cause mold in the home. I told him what the HVAC tech said about the moisture buildup. He then said, "yes, that's possible, but why didn't you call us? I tried to tell him that all of that information was in the letter that I sent. If he had read it, it was explained that the definite cause wasn't discovered until the old AC unit was being removed. He still insisted that I should have called Lennar first. I don't understand his logic behind reinstalling a faulty AC unit to have mold blow through my remediated home while I wait for Lennar to respond. Do I have any recourse in this situation? Thank you for your time and help, Tashara Adderley

1 reply

Apr 3, 2020
If there's a defect in your home, then you'll generally be able to make a construction defect claim. For latent (i.e. non-obvious) defects, a claim can generally be brought within 10 years of when the work was done. So, an owner will certainly have recourse available if their contractor refuses to do the right thing and correct the issue. Before resorting to a defect claim, though - it's usually worthwhile to try and convince the contractor to do the work. For one, sending a pointed request that they perform the work or at least notify you that they won't be repairing the issue might be a good first step. Further, sending a formal demand letter - potentially via an attorney - could be useful in forcing the contractor's hand. When staring a lawsuit in the face, the contractor might be more willing to talk deal. If necessary, actually pursuing a defect claim is obviously an option, too. And, consulting with a Florida construction attorney can be helpful for deciding how, exactly, to proceed. They'll be able to review all of your documentation and advise on next steps.
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