Legal Question in Construction Law in Florida

My house is 2 years old. Since completion our AC has been leaking, recently causing damage to our ceilings. The original installers guessed at the solution with no assurance or garauntee. Afetr the initial service, we have since asked for a second opinion with an outside AC company who has stated that there are several issues resulting from both improper and poor installation, some which do not meet our county codes. We then contacted the original installers and faxed over the results from the second opinion. They claim should there be any faulty work from installation or any work not up to code it would be the county's responsibility for passing the final inspection. We have been without AC for approximately 3 weeks now with 9 week old baby and we desperately need a resolution quickly. Does the original installers have any responsibility or is it the county's neglect? Who is responsible and what actions should we take? Can we have another company resolve the issue and hold another part responsible for damages?


Asked on 5/29/10, 6:13 pm

1 Answer from Attorneys
Alterraon Phillips APLaw, LLC

It is the original installer and general contractor's responsibility to resolve the issue when the system is only two years old and has a problem that would have not been readily noticable during inspection. This would fall under latent defects as covered by FL Statutes. Most A/C units have between a 5 and 10 year warranty on parts so be sure they check into that if you have a different company work on the system. In reference to your final question, yes you can have it repair and sue the original installer. You have taken the correct first step in giving them the first right of refusal to repair the system. Also notify the general contractor. County's final inspection does not take away a contractor's responsiblity to do good work.

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Answered on 5/31/10, 5:13 pm


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