Urgent help to heall with a gas boiler with defects for more than 1.5 years

[littleMike]

Forget the BBB. They have no authority to do anything.

If you do send a demand letter, make sure it complies with MGL Chapter 93A. That offers a boatload of protection if you go to court. In fact, you may wish to have an attorney draft it for you. Under some circumstances, you can get double or treble damages plus attorney fees under 93A.

You can also complain to the licensing board, assuming this person is a licensed plumber and/or contractor.

Never done this before, I found his license number from state license web, it is a public information. So should I warn him before contacting the board first?

 

[justalayman]

so what is your intent? He pay you to fix it? Look, the guy made a huge number of attempts to fix it. Unless you can find something he actually did wrong, you are considering impuning his reputation, so far, without a valid reason.

That's why the manufacture could tell me quickly the model doesn't fit the pipe size

that's what they make reducing fittings for. I seriously doubt the pipe size is the real issue but again, tear him up. Sounds like at worst he made a mistake but he went to extreme measures to try to make it work. You want to slap a guy that gives that kind of effort, well shame on you.

 

[Mass_Shyster]

not arguing your overall direction but just what do you believe the OP has available to them?

OP agreed to pay $10,000 for a heating system. OP paid $10,000 for the heating system. OP does not have a functioning heating system. Contractor should make it right (by providing a functioning heating system) or refund OP's money.

"I tried really, really hard, but just couldn't get it working" is not a valid defense to a breach of contract that I'm aware of.

Massachusetts is an extremely consumer-friendly state. If you plan to do business in Mass, you had better familiarize yourself with the Consumer Protection Act (General Laws Chapter 93A).

OP should speak to an attorney.

EDIT: If the property is owner-occupied, OP may be entitled to arbitration. See http://www.mass.gov/ocabr/consumer/home-improvement-contract/arbitration-program/arbitration-procedures.html

 

[justalayman]

Sure, why not. All I'm going to say is; the story as claimed is not 100% true. There is more to the story but I'll leave it alone.

 

[Mass_Shyster]

Sure, why not. All I'm going to say is; the story as claimed is not 100% true. There is more to the story but I'll leave it alone.

I'm trying to remember a client who's story as claimed was 100% true. I'll get back to you if I think of one.

 

[littleMike]

First thanks everyone who posted replies here, I do learn a lot here. As a home owner as well as a very small business owner, I fully understand it is not easy to run a business. In my case, I do agree the contractor worked hard to fix the problem. So I have been trying to avoid contacting authorities, such as BBB, Consumer protection office in state attorney general or statement license board offices, or small clam court etc. I do want this issue to be resolved between the contractor and me.

The fact is that the contractor didn't deny including: 1) no more options available that he can fix; 2) the root cause is that this model doesn't fit my existing water pipe; 3) there is a valid warranty;
The conflict is that the contractor wants me to pay additional $2500 to replace a different models, which I don't think he has a base or valid reason.

Based on all replies and suggestions, I will still try to an amicable way first to negotiate with the contractor, that is, the new system carries a Nstar $1000 rebate for high efficient boiler, if I do get the rebate, I will give it to the contractor. I may or may not get refund since I already got one when I bought the first one. But I do want to mention to the contractor, if he dones'nt accept , I will bring this to third parties to decide who should pay this additional $2500. I will mention some names of these authorities.

 

[justalayman]

.

I do want this issue to be resolved between the contractor and me.

that is refreshing to hear.

The fact is that the contractor didn't deny including: 1) no more options available that he can fix; 2) the root cause is that this model doesn't fit my existing water pipe; 3) there is a valid warranty;
The conflict is that the contractor wants me to pay additional $2500 to replace a different models, which I don't think he has a base or valid reason.

so ask him to validate the cost. If there is no basis for it, then refuse to pay it. I'm not saying you are wrong in this issue. It's just that, at least myself, would tend to go the extra mile to resolve this without sullying the guys name with the state given his attempts to actually fix the issue.

but with that, even if you look at it from stevef;s statement that you purchased a $10k system and you deserve a working $10k system and if that cannot be done, you are due a refund. I'm not arguing with that but the problem is; if the replacement actually ends up costing you $12.5k, then you are in the same boat as this guy charging the $2.5k and having the new one installed.

so, rather than guessing he isn't due the $2500 or anything else, get some real numbers so you actually know. Then deal with it knowing that. If he is attempting to cover up his costs of installation, then refuse to accept it. If he is doing nothing more than passing on the cost of a higher priced unit, then it is a cost you should be paying because you would have originally and even if you are refunded for this one, it is going to cost you that still.

 

[You Are Guilty]

Fleshing out stevef's argument a little further, it appears we are actually dealing with an express and an implied warranty:

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter106/Article2/Section2-315.

While contractor seems to be legitimately trying to help, that is not an excuse to avoid his mistake (assuming it ultimately was his mistake. I know nothing about boilers other than mine is in the basement and is a lovely shade of olive).

 

[justalayman]

Fleshing out stevef's argument a little further, it appears we are actually dealing with an express and an implied warranty:

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter106/Article2/Section2-315.

While contractor seems to be legitimately trying to help, that is not an excuse to avoid his mistake (assuming it ultimately was his mistake. I know nothing about boilers other than mine is in the basement and is a lovely shade of olive).

I actually do know a bit about boilers and am having a very difficult time accepting the issue is the pipe size. There too many ways to compensate for such issues that I suspect it is not incurable but accepting it as is:


as I said before, I have no problem with demanding a refund if OP can support his claim the error is the cause of the issue. I suspect if OP goes that route though the installer will have a different story though. OP best get a statement it IS the cause of the issue either from the manufacturer (although their statement not be adequate as it may simply state the boiler is designed for 1 1/4 pipes and should not have been installed (not can't or cannot be compensated for) with no actual condemnation stating that is that true cause of all this issue), the contractor himself, or a third, disinterested, party.

If the added $2500 is a valid cost differential for the new unit, I see no reason the contractor would be required to eat that though. As I have been saying, if it would have cost $12.5k when this started to put in the different unit, the OP loses nothing by paying that now.