Builder won't honor the one-year warranty
Q: We purchased a new home from the builder. At the time, he said we had a full one-year warranty on everything. But the first time we had cold weather, the radiant heating system wouldn't work. We contacted the builder several times, and he contacted the plumbing contractor who installed the heating system. The plumbing contractor has been to our home three times, but we still have no heat. The builder says he has done all he can do. The plumbing contractor says the system is fixed and he refuses to look at it again. We need heat in our home, but no one wants to help us. What can we do to get the system working?
A: The builder seems to think his responsibility begins and ends with phone calls to the plumbing subcontractor. Although the subcontractor is obligated to make the heating system operational, the ultimate responsibility belongs to the builder. If neither is willing to resolve the problem, there are three ways to approach the situation.
Your first option is to file a complaint with the state agency that licenses building contractors. Bureaucrats can be persuasive when they're inclined to apply their powers. If the builder is intimidated by this process, your heating system may receive prompt remedial attention. If the builder remains entrenched, you may have to endure the slow-motion procedures typical of public agencies. If these processes become too ponderous, you can proceed plan No. 2.
The second approach is to inform the builder and subcontractor, by certified mail of course, that you intend to hire another contractor to repair the heating system and will then file suit in small claims court to recoup your expenses. If you provide detailed documentation to the judge, your chances of winning are very good.
The third approach is to have an attorney write a threatening letter to the negligent parties. However, the first two approaches are preferable because attorneys are expensive and are often slower than bureaucrats.
Q: Our fireplace is equipped with natural gas to help ignite the wood logs. Is there a requirement to keep the damper open in case of a gas leak?
A: The requirement to fasten dampers open applies to gas-log fireplaces only. The reason for securing the damper open is not to address possible gas leakage, but rather to prevent combustion exhaust from venting into the house when the gas fireplace is in use.
With wood-burning fireplaces, there is no requirement for the damper to remain permanently open. Occupants typically notice gas leakage from a log lighter, because natural gas has a recognizable odor. Exhaust from a gas-log fireplace can be odorless, and because combustion exhaust may contain carbon monoxide, it is regarded as a more significant hazard.
In older homes, gas logs may have been installed prior to the requirement to secure or remove the damper. In those cases, a special clamp can be added to the damper as a safety upgrade, to prevent it from being closed.
• Contact Barry Stone at barry@housedetective.com.
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