Small Claims Appeal

[hporter]

What is the name of your state? Missouri

I had a heating and cooling company give me an estimate in January for the installation of 3 registers and 1 air return in the basement of my home. We verbally agreed that since there were already 2 vents in the drop ceiling that he would install 3 vents in the drop ceiling in 2 other rooms and the air return would be installed off the duct work in the ceiling (covered by drywall) for a total of $400.

He called me at work later that week to let me know he had time that day to do the job. I informed him that there was a family member there that day and he would be let in to work.

When I arrived home later that day, I found that he had not installed the registers where we had discussed. He installed the 3 registers in the walls and the air return in the duct work on the furnace in the laundry room. 2 of the vents were run on both sides of a closet door and on the inside, they cut 2 holes in the ductwork that runs close to the ceiling and ran a huge flexible pipe down right inside the door frame.

I immediately called him and left a message. He called back later that night and told me there wasn't any way to install this in the ceiling and he had to do what he did. He told me that for him to do it like I wanted, it would cost $2500 and he would have to rip out all the ductwork in the ceiling. I told him I was mad because I was not given the option to ok or not ok this change and they ended up doing a less than acceptable job. I received the bill a few days later and it was for $568.
It took forever to get the 2 estimates for a total of $800 (1 for repair of the ductwork and 1for drywall, painting, etc.) and by this time, he had already sued me in small claims court. I counterfiled for the amount of the damages. He won.

I filed an appeal and we are due in court later this month and I plan on representing myself. What would be my best strategy to hopefully win this thing? The heating/cooling company that gave me the estimate for the damages said with the air return in the ductwork on the furnace, that it's pulling carbon monoxide from the hot water heater and furnace up and into the rest of the house. Is this something I can mention to the judge or is it hearsay?

I have pictures and video of where we agreed to have these installed and where he put them without my consent. I also have a copy of calls made from my cell phone because he claimed the 1st time in court that I didn't call until after I received the bill.

Please, any advice would help. And yes, I know now to get everything in writing

Thanks**************hporterWhat is the name of your state?

 

[BL]

Although a " trial De Novo " is a new trial in front of a different Judge , the notes etc. are in the record , and don't be surprised if the Heating contractor refers to the first trials' outcome. ( so be prepared ) .

Now , has your furnace been red tagged ( that is tagged by the energy Co. not to be used until specified repairs are made ) ?

Where would you think the cool air return duct would go to ( I'm not sure I follow you ) ?

If the heat exchanger is not cracked or corroded , Carbon monoxide should not escape .

If the pipes from the water heater are on an angle upward to a curtain degree into the chimney it should not be sucked into the furnace , then into the home .

If he really tied this into duct work , he's not much of a professional .

Your estimates should have notes on them from the contractors themselves , of what the prior installer did , and that it is dangerous and why .

Those contractors should be subpoenaed to personally testify .

Was this first guy licensed ?

 

[hporter]

Now , has your furnace been red tagged ( that is tagged by the energy Co. not to be used until specified repairs are made ) ?

No, the contractor that will do the repairs to the ductwork mentioned while giving this estimate that anyone who knows how to do this kind of work would never put the air return in between the furnace and water heater. He then told me that it is pulling small amounts of carbon monoxide through the rest of the house, but since we have windows open and we are getting fresh air into the house, that the gas will not affect us.

Where would you think the cool air return duct would go to ( I'm not sure I follow you )?

I just know what others have told me....and from what they've said, it isn't supposed to go there. Is this typical to have them installed in this area?

If he really tied this into duct work , he's not much of a professional .

I agree

Your estimates should have notes on them from the contractors themselves , of what the prior installer did , and that it is dangerous and why .

He didn't have any notes except what work he will do.

Was this first guy licensed ?

Yes.


How do I go about getting a subpoena for this contractor?

 

[BL]

He then told me that it is pulling small amounts of carbon monoxide through the rest of the house, but since we have windows open and we are getting fresh air into the house, that the gas will not affect us.

You should really have your energy Co. check it out . They will not usually charge a fee .

You should not have to open you windows to alleviate carbon monoxide .

I was in training for HVAC and although the Co. training me knew their stuff , they were crooked .

You really need documented proof to back your claim .

 

[hporter]

Thanks for all your help! I had a friend help me find the National Gas Code (I think that's what it's called) and it specifically says that return air sources are prohibited in bathrooms, kitchens, closets, garages, furnace rooms, mechanical rooms, or other dwelling units.


http://www.eere.energy.gov/buildings/building_america/pdfs/babp_appendix3.pdf

page 19 of 30


Thanks again!