Obligation To Pay

[rjordan392]

What is the name of your state? Pa.

If one hires a contractor to fix a specific problem and he does some inspection that seems unrelated to the problem and then claims he cannot find anything wrong, Am I obligated to pay for his service call?

I have been trying to get my airconditioning contractor to listen to and address my complaint for two years, but he offers an explanation that my air conditioning develops a history that prevents me from programing a listed option at the thermostat. I discovered that this option does not work about 7 weeks after the new air conditioning system was installed. I think his explanation is bull as it is an important option.
The problem seems to be electronic in nature between the thermostat, furnace controls and the AC compressor.

 

[JETX]

If one hires a contractor to fix a specific problem and he does some inspection that seems unrelated to the problem and then claims he cannot find anything wrong, Am I obligated to pay for his service call?

Simple answer... yes.

 

[rjordan392]

Simple Indeed!
Are you positive? The HVAC technician does not know solid state electronics but should have a troubleshooting chart to check out the electronic system. But he only check out the mechanics of it; like checking the high and low side pressures of the compressor. The problem here is that the compressor will operate based on the commands received from the furnace even if the commands are differant then what the thermostat is programed for. So this makes it an electronics problem and not a mechanical problem. I explained what was wrong after he arrived but he acted like he did not hear me. Do you stlll say I am obligated?
What the heck!!! I can go into business for myself, pose as a roofer, then check your washing machine and tell you everythings ok and that will be $85.00 please.

I think the owner of the business told the technician not to get involved with the electronic end of the system which is the reason I posted this in the Small Claims section because I am considering going in that direction.

 

[JETX]

Are you positive?

Simple answer... yes.

Do you stlll say I am obligated?

Yes. You called out an HVAC repairman to make a service call to your location. The minute he arrived, whether you agree with his service or his diagnosis, you owe his service fee. If you wanted a SPECIFIC service (HVAC electronic technician), you should have asked for one.

What the heck!!! I can go into business for myself, pose as a roofer, then check your washing machine and tell you everythings ok and that will be $85.00 please.

Don't be a total idiot!!
If you called out a roofer and he inspected the roof AND also happened to notice that your washing machine was on fire, you would still owe him the service fee for the roofing service call.

I think the owner of the business told the technician not to get involved with the electronic end of the system

What you THINK has nothing to do with your obligation to pay a service fee for a valid service call.

which is the reason I posted this in the Small Claims section because I am considering going in that direction.

Go ahead. You have the right to pursue if you want. However, this is how I suspect it will come out:
Service Company: "Your Honor, here is a phone record showing the plaintiff called and asked us to send a service tech to his address."
Judge, on reviewing the record, turns to you and asks: "Did you call the defendant and ask for a service tech to come out?"
You: "Yes."
Judge: "The court finds for the defendant. Case dismissed. Next?"

 

[rjordan392]

Sorry, but the service technician was one of the crew besides the owner that installed the air conditioning system. He limited his service call to minor testing on the compressor. I explained to him when he arrived what was not working. The compressor is only following the commands that it receives. These commands are not the same as programed on the thermostat. His tests showed ok as expected But did not address my complaints. Thats what I am paying him for. As for knowing what type of technician that I am supposed to call is out of my expertize. I expect full service when I call; not minor inspections. If these technicians can install sophistigated equipment, then they should also know how to troubleshoot the electronics. They also have troubleshooting charts that cover the whole system. Even a trainee can read these and follow the path to the trouble. This was not done. I was shortchanged on this service call.
In this Country, a judge will take a dim view against those who charge for a service call and do not fix the problem. It works like this: Service call $$$$, parts and labor to repair, $$$$. Many an honorable contractor follow this program. If it goes to legal representation, I feel confident that I will win.

 

[JustAPal00]

I don't understand why you called them? You know more than they do. WHy don't you fix it yourself and quit wasting your time!

 

[las365]

If you became aware that the system was faulty seven weeks after installation you really should have pursued legal action to remedy the problem at that point. If after two years you are still dissatisfied with the service of the same company, I don't understand why you continue to use them or can't communicate effectively about what it is that you want them to look at before they come out. Since you seem to know exactly what the problem is.

 

[rjordan392]

Because when you need the service and its usually at a time when HVAC industry are very busy making installations that they do not have much time left for service work in a timely manner. I understand this and tried to go out of my way to accomodate their explanations of why my system does not perform like the manufacturer states. This takes time. That's why it has taken this long for me to decide if I should take legal action for their lack of providing proper service to address and solve the problems. I am familiar with the electrical and mechanical trades but I am not an expert in repair. This only qualifies me to know when a piece of machinary is not performing as stated in the companys brochures. I even contacted the regional manager representative of the equipment on August 21 and he was supposed to contact the installing dealer and to both meet with me to discuss this.
As of this date, I have not received any progress reports on when this will happen. I don't think the dealer was contacted yet by the regional manager because the installing dealer just put in a new installation a few blocks away from me and did not stop by to look at my system. There is no lack of communication here from me to the regional manager. When one requests two service calls to check and fix a problem and the dealer fails to perform satisfactory, then one does not call the dealer anymore but goes to a higher authority and complain about poor service from one of its certified dealers.