air handler unit in bathtub!

[Christy]

We purchased our home about 2 years ago from the orignal owners. We are working on finishing the basement but could not figure out the "roughed in" bath which included pipes only. A prof. plumber friend came in and told us that the air handler unit was placed in the only position that the tub could be installed. My question is; do we have any recourse to the air handler unit installers or the builder, at least as far as getting them to move the air handler unit to a new position for free? My gut feeling is that we are out of luck. It really makes me mad that unless you were a construction person, you would not have questioned the positioning of the unit or the plumbing. In a nutshell, they knew they did that, but did not care as long as no one picked up on it until after they received their money. Thanks, for your input!

 

[Tracey]

You might be able to sue the builder for breach of warranty. (Assuming the original plans called for a rough-in for a tub & not a shower.) B contracted with Seller to rough-in a bath, knowing that it wouldn't be finished that day but would eventually be finished. This may be sufficient "forwarning" to give you "privity of contract" with B so you can sue. (Normally, only S could sue since S was the other signatory to the contract.) Consult a real estate attorney to see if you can get past a 12(b)(6) motion & sue B in small claims court. B will drag the air handler installers into the suit for you.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.