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Improper installation of a zone damper on my HVAC has caused water damage throughout my home.

Virginia

Michael and Son installed a zone damper and for the past two years, it has caused thousands of dollars in water damage. They now want me to pay for the costs of correcting the problem. What are my rights?

1 reply

Aug 21, 2019
Who's responsible for defective work will depend on a number of factors. These include the contract terms, whether the defect/damage was caused by the contractor performing the work or due to a defective part or component, whether there was a warranty on the work or the defective part, as applicable, etc. Of course, there are also implied warranties to consider, as well. When a contractor is completely faultless, however, it makes sense that the contractor might expect payment to come in and mitigate or repair damage caused. Though, if the issue was directly caused by the contractor, or if it was an obvious problem that they should've caught, it might be easier to argue that fixing the situation is the contractor's responsibility. Admittedly, I'm not an expert on Virginia's construction defect laws - so it might be helpful to reach out to a local construction attorney for a little more information here. If you provide them with all relevant information - like the contract, all communications, documentation of the damage, etc., they should be able to review that and advise on how best to proceed. Further, this article from Greenberg Traurig, LLP does a great job of breaking down the different considerations of a construction defect claim: Construction Defects: Who Is Responsible for What?
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