Legal Question in Civil Litigation in North Carolina

First, did you get an estimate or other paperwork describing the new unit you would get? Second, how did you find out the unit was damaged by the contractor putting it in? Third, did the unit work right after they installed it before they came out to diagnose the new unit's problem? Fourth, what labor warranty are they offering on the installation? Fifth, did they charge you for the damaged part? Sixth, did you tell them that they had a specified time to complete the project before you hired them? Seventh, did you tell them that you would be monetarily damaged if the unit was not timely installed?

Answers to those questions will help us narrow down if you can deduct money for a partially faulty installation. So, basically if you did not tell them that you had to have the unit in by a certain date and after that date you would be injured or lose money, those consequential damages were not known by the contractor. Without the contractor's knowledge of these special damages, you could not recover for them.

I agree with Attorney Wallace but just want to add some things. Read your contract to see what it says regarding disputes - some contracts contain arbitration clauses. If you just refuse to pay, the contractor can file a mechanic's lien against you so do not do that.

To the extent that the contractor broke something, did he charge you for it? He should be responsible for any damage that he or his employees caused.

You say that the installation was not completed timely. Did they know of any reason to get the job done? Stuff happens and they are not liable for damages resulting from the loss, like a loss in profits. If you are just talking about aggravation for being without the unit for a week, it does not hurt to ask for a price reduction because of the aggravation of being without the unit. As an alternative, they might be willing to do something on the warranty end - like give you an extended period for warranty service or something. This will be especially important if you have reason to believe that something else could fail early becaue of the broken part. However, how realistic are your fears? Have you talked to another heating expert? I would make sure first and then get this into an agreement in which they will guarantee against any failure within a certain time period because of the broken part. Get whatever deal you make in writing and both of you should sign.

You say that it took three service calls. Did they charge you for those calls? If the part was broken by the contractor and he or his employees could not diagnose the problem, then you should not have to pay because of their incompetence in not knowing what was wrong. Negotiate this as well.