heat pump warranty/installation - settle or sue?

[doriantm]

I am out of pocket over $40,000, not counting attorney costs for a defective home heat pump installation and failure of the installing company to honor its full warranty which eventually forced me to replace the heat pump within the warranty period at an out of pocket expense of $30,000, and to back fill the improperly installed earth loop (by the said heat pump manufacturer's subcontractor) at an additional out of pocket cost of $13,000.

I have been paying attorneys for over two years to pursue this case while the heat pump company has been filing multiple motions for summary judgments and reconsideration (without success) in attempts to delay.

Now my attorney says that he wants to explore an out of court settlement, which is fine with me except that he says that he may not be able to recover even half what I am out of pocket due to the heat pump company's negligence/malfeasance. He also basically said that recovering for attorney's fees in court wasn't possible, and this is a concern because they are becoming substantial. I would like to know if he is right or wrong about that, for one thing.

Also, what would probably be my best choice going forward and would I have a chance to recover all my out of pocket expenses on this which now amount to over $50,000 including lawyer's feesand may go up another $10,000-20,000 yet by the time the trial is finished? Also how possible is a punitive damages judgment considering the heat pump company's defective installation, negligent support and failure to honor its warranty, plus its unwillingness to settle, not to mention the discomfort due to the heat pump unit's failures and lost money in energy costs due to the unit's multiple breakdowns including the one which forced me to replace it?

Thanks in advance for any advice. What is the name of your state (only U.S. law)? IL

[JETX]

You are looking for 'advice' on whether to accept negotiations in a lawsuit or to proceed with trial.

Of course, since we are not privy to ALL the facts and issues, there is no way that anyone can offer anything other than very generic 'warm fuzzy' responses... without ANY basis in law or fact and of no real benefit to you.

Your case is just like most any of them out there.... you take your best shot to try to win.... whether that means negotiating the best settlement or 'tossing the dice' in court is entirely up to you based on your ATTORNEY'S advice.

Simply, no one can even guess what your best options might be without a FULL and DETAILED review of ALL the facts.... from both sides.... and even then it would still be just a guess.

[doriantm]

Thanks for the response, but perhaps a couple of straightforward questions could be answered:

1) Can I include my lawyers' fees as part of the settlement in court or out of court?

2) Can punitive or further compensatory damages (such as for economic inflation) be specified in court for a case of this type?

Thanks much for any response to these specific questions.

[You Are Guilty]

Originally Posted by doriantm

Thanks for the response, but perhaps a couple of straightforward questions could be answered:

1) Can I include my lawyers' fees as part of the settlement in court or out of court?

2) Can punitive or further compensatory damages (such as for economic inflation) be specified in court for a case of this type?

Thanks much for any response to these specific questions.

1) Unless they are provided for in the contact documents, generally, no.

2) Generally, no. You may be entitled to pre- and/or post-judgment interest if you prevail, though.

[tammy8]

Holy crap, what are you heating, an entire mall?

I wish we had installed a $40K HOME heating system in the 15 yrs we were in the business!