An Overview of HVAC Lawsuits
There are times when the need for a lawyer becomes necessary to resolve your dispute. Understanding what may necessitate an HVAC lawsuit will go a long way to helping you determine whether or not you need to speak to a lawyer. Some of the more common types of disputes that arise between consumers and HVAC companies have to do with: Faulty Installation – Poor installation of Heating, Venting, and Air Conditioning systems are some of the more common cases controlled by consumer protection laws. If your HVAC system was poorly installed, it can lead to huge problems for homeowners which include: Poor Service – Often times an HVAC contractor may not perform work in a complete manner or may perform faulty installations. This is usually the result of downsizing, inexperienced workers or just lazy contractors. Breach of Contract – In order to install a new HVAC system you will first enter into a contract which will set out all of the terms of the agreement between you and your HVAC contractor. If this agreement is just ignored or you have suffered damages as a result a breach, this can also necessitate a lawsuit . Warranty Disputes – With any product purchased, including HVAC equipment, there is usually some kind of warranty offered. If your HVAC system fails and the warranty is denied, or the repairs are improper, a lawsuit may follow. Disputes over warranties are very common, as HVAC systems are very complicated pieces of equipment. An experienced lawyer can help you determine if you’ve been reasonable and if you have grounds to fight a warranty denial. In the case where repairs are completed improperly, or they have failed, your lawyer will need to determine whether the contractor failed to perform his job correctly, or whether the damage resulted from some other cause. Before you proceed with any kind of legal action, you would be well served to first contact your HVAC contractor and attempt to resolve the matter without going to court. Often times, a friendly conversation will resolve many issues quite quickly. However, if that fails, consult an experienced attorney who works with consumer protection issues involving HVAC contractors.
When You May Need to Sue an HVAC Company
There are several situations where bringing legal action against an HVAC company is the right thing to do. First and most obviously, there are situations when you have sustained significant financial loss due to the actions of an HVAC contractor, or inactions as the case may be. Second, a situation where you’ve sustained physically harm as a result of the HVAC company’s botched repair could also be grounds for a lawsuit against a HVAC company.
However, the situation where most HVAC lawsuits arise is when there is a contractual dispute. Did you enter into some kind of agreement with your HVAC contractor and they have failed to live up to their end of the deal? Either they haven’t provided the service you’ve paid for, haven’t completed repairs and installation in the time period promised — that kind of thing. Lawsuits don’t happen as often in new construction simply because the builder is usually on the hook for any construction disputes rather than the HVAC construction contractor. But if you’ve requested tenant/landlord repairs and something was done improperly or incompletely, that could be an avenue for a lawsuit as well.
Locate an Attorney specializing in HVAC Lawsuits
Once you determine that you are going to sue an air conditioning company, the next step is finding a lawyer. This sounds easier than it is. If you are in an area where people usually sue air conditioning companies, it will not be hard to find. However, if you live in an area where air conditioning companies usually are not sued, it will be much more difficult.
If you are a small business or an individual, ask around for a lawyer who has experience in the area of litigation (lawsuits) that you need. If you are a company, then it will be best to call more than one law firm in your area and feel them out.
Once meeting with an attorney, ask him such things as these:
What other HVAC (or construction) cases have you had that are similar to mine?
What were the results of those cases?
How long do you expect it will take to resolve my case?
How much will it cost me to litigate this matter to trial if necessary? What do you expect the costs to be?
What to Anticipate from the Process
Once a qualified attorney is hired to pursue a claim, a series of steps are typically followed to seek compensation for the homeowner.
Pre-litigation Steps
Sometimes a homeowner can’t afford to hire an attorney for the full suit, so he or she might be willing to pay an attorney to review the claim and send a demand letter to the HVAC company. After that demand letter has been sent, if it becomes necessary to file a lawsuit, the attorney may be willing to represent the homeowner on an hourly basis. This means the homeowner is paying an attorney for the time it takes to negotiate with the opposing party. The benefit of an hourly representation is that it invites settlement negotiations before litigation. Once a lawsuit starts, however, any hope for settlement will be gone. The homeowner will likely have to pay for the time two attorneys take for the entire process of litigation.
Filing the Lawsuit
If a lawsuit must be filed, the attorney will prepare the petition, sign it, file it with the court, and pay the required filing fee. If Houston or Fort Bend County is the venue, the civil district court will then assign a trial judge, give the cause number, and issue a citation stating the cause number, naming the parties, and stating the deadline by which the defendant must answer the lawsuit or risk a default judgment against them. This citation can be issued by the clerk of clerk’s office, and it can be mailed or delivered to the defendant by "in person" service or "by certified/registered mail and return receipt requested." If a home is owned by an entity such as a corporation , the attorney must send the suit to the Secretary of State for service on the owner of the house.
The Discovery Process
After an answer has been filed with the court, discovery begins. Written discovery consists of interrogatories (written questions that require a written response) and requests for production of documents. These documents can include receipts for repairs, warranty information, invoices, and other information. Written discovery is not meant to be abusive or harassing, but to answer questions about important matters in the case such as:
In addition to written discovery, parties can serve requests for admissions. Requests for admissions are written statements that one party can ask another to admit as true (provided they really are true). For example:
At this stage of the lawsuit, depositions may also be taken. When a person sits for a deposition, he or she is sworn under oath to tell the truth. An attorney for each side has the opportunity to ask the person a series of questions. The person giving the deposition is recorded. This could be by video or by a court reporter. Depositions can be given in the attorney’s office or at a court reporter’s office. In some cases, the parties may agree to shorten a deposition by waiving the right to ask certain questions. An attorney may ask a client before the deposition to sign a transcript adoption page. This page states that the client will review the transcript of his or her deposition and sign it admitting that it is true and accurate. If the transcript is not signed, it cannot be used at trial.
The Importance of Evidence in HVAC Suits
Evidence plays a crucial role in the success of any legal action, including those lodged against HVAC companies. To sue an HVAC company effectively, you must be able to gather and present the right evidence. Without the appropriate proof of wrongdoing, even the most persuasive arguments will not carry much weight in court.
What types of evidence are essential for a lawsuit? As with other industries, documentation is one key piece of evidence that can help you secure a ruling in your favor. In this case, you will need to show proof that you entered into a contract with the HVAC company and that the terms of that contract were violated. Communication records, including emails and text messages sent between you and the company before, during and after services were performed, can also constitute vital evidence.
You also need proof that the HVAC services did not adequately or accurately remedy your initial needs. For instance, did the company fail to correct a pre-existing HVAC issue or did it cause further damage to your home? Consulting with an HVAC expert will help you determine whether the company performed its services in accordance with proper protocols, such as the steps needed to ensure proper air flow. An important part of the claims process is knowing exactly how the company violated the contract you signed with them.
Expert opinions also play an important role in our case. If you plan to sue an HVAC company for negligence or inappropriate conduct, you will definitely need the testimony of an expert who can speak to how the company, in fact, took the wrong steps. In some cases, you may even have to appear in court to explain to the judge why you feel particularly hurt, attacked or undermined by the actions of the HVAC company. Evidence is a major part of this testimony, which is important when it comes time to present your case.
Possible Results and Settlements
A lawsuit specialist attorney will help you navigate your case against the HVAC contractor and prepare for the most common potential outcomes. In the case that you win (whether by settlement or litigation), a judge or jury may award you damages against the HVAC contractor in a variety of forms:
- Monetary Damages: A court judgment may order the HVAC contractor to pay for repairs, return any profit gained, and/or compensate you for other damages, for the loss of use of your home or business. In some cases , you may also recover punitive damages.
- Reimbursement or Repair: The HVAC contractor may be forced to pay for a new HVAC system or repair to the existing one.
- Contract Renegotiation of Repayment Plan: If the HVAC contractor has already been paid for the work, a court might force the contractor to either fix the defective work in a certain timeframe or come up with a way for you to be reimbursed. Alternatively, you might be able to renegotiate the contract yourself.