Contractor Problem

[Junkman]

I ordered a 5-zone mini split for a home I am rehabbing, and the contractor had started installing the outdoor unit when I came by. I noticed it was a 4-zone unit. The fifth zone was for possible later use; however, as it turns out, it will be needed in the home immediately. Now, he is saying, "I wish that I had known this before I installed the unit outside." I told him that he originally quoted me on the 5-unit condenser and 2 inside heads. The total price was $12,000 for everything installed. Now he has told me he will have to think about this over the weekend. In his mind, he thought he could get away with the 4-head unit and save some extra money compared to the 5-head unit. I told him that he could just swap out the 4 for a 5, but he said he can't sell the 4 as new since it isn't in the original box. I have used this contractor for the last 5 years, and we have always done business without a written contract or handshake. I offered him some additional money, but he is acting like the 4-zone unit is worthless, and he is going to lose $5,000 exchanging it for a 5-head unit. What is the difference in price between the 4- and 5-head units manufactured by Gree? Do you agree that he can't sell the unit sitting on the pad as a new unit just because it isn't in the original carton?

 

[cgrutt]

Probably can't be sold as new but if he quoted you for 5 and installed 4 I don't see how that is your problem. Has he installed line set yet? Im sure somebody who needed a 4 unit system would be happy to get a small "open box" discount seems easily explainable that unit is new but a customer needed larger unit after installation started. I suspect cash flow may be the real issue if he doesn't keep these in inventory but again, not your problem he screwed up.

 

[OccupantRJ]

Not your problem. Maybe now he will clean the wax out of his ears.

 

[fitter30]

Thats what a contract is for. Contractor isn't in the business of selling mistakes. Must be dealing with a one man operation. Was the the load figured for 4 or five head unit?
Biggest expense is the lines, indoor unit and wiring.

 

[Cruzan80]

I have used this contractor for the last 5 years, and we have always done business without a written contract or handshake.

This is the issue with handshakes. Do you have anything about the quote besides verbal?

 

[PCustoms]

What's the contract say?

Oh wait, another verbal deal ends in disaster...

 

[readhead]

I get the handshake deal. I have done many myself with regular customers. But. I always have a written scope of work for everyone to agree upon.

 

[Wrench97]

Did you see it in the box?

 

[mm08822]

All I can say is a contract is worth its weight in gold when sh*t hits the fan! And you are there. The only way you have and leverage is to withhold any payments or any further. Your best situation is that you have no money exchanged yet.

The only other thought is, keep the 4 zone and proceed, BUT, he provides another single-zone minisplit on this dime. You will have to evaluate if this is practical for you. Do not hand over any further $$$ until this too is installed.

 

[Junkman]

He was in a rush to get the outside unit installed before winter frost makes it difficult, if not impossible, to level it. When I came by the house, he had already set up the outside unit on the pad and was hooking up the linesets. I told him it was supposed to be a 5-head unit, and he said the supplier had made a mistake and continued finishing the lineset connection. The wall units are not in place because the home is under renovation, and he also wanted to get the linesets in before the spray foam insulation was done. He is a one-man operation, and he has done work for me in the past with no problems ever. Whenever we had an issue, he was here right away, even on holidays or Sundays. For this reason, I didn't even shop for price first. He quoted $12,000 for the 5 head unit and 2 inside units. Originally, we figured the 4 rooms were all we needed, with the 5th as a spare for the addition, which already has the foundation in place. As it turns out, there are 3 rooms on the first floor (cellar), and 2 on the upper floor because of having to install a wall in the cellar to support the floor above, which had a 1 1/2" sag in it. All the rooms I want to have heat and air conditioning.
I did a Google search, and a Gree 5-head unit with 5 25' line sets and 5 wall units costs $5,500 at Home Depot. What do these individual components actually cost? Is it conceivable that he gets a better price from his supplier than he would buying it from HD?

 

[OccupantRJ]

He just dug himself a deeper hole by saying the supplier made a mistake. That places him where he knew before starting the install but was going to use the wrong unit anyway or he paid no attention to what he was installing until you pointed it out.

 

[gatewaysysop]

He was in a rush to get the outside unit installed before winter frost makes it difficult, if not impossible, to level it. When I came by the house, he had already set up the outside unit on the pad and was hooking up the linesets. I told him it was supposed to be a 5-head unit, and he said the supplier had made a mistake and continued finishing the lineset connection.

I don't see how that makes it your mistake or your issue. If he's done work for you for years, he should understand the value of not losing your business. If he's not willing to fix it, fire him and don't look back. "Not having a contract" works both ways.

 

[danski0224]

and he said the supplier had made a mistake and continued finishing the lineset connection.

Why would one not call the supplier and stop the job? In this situation, it would have been the easiest thing to do. Check your stuff on the dock before leaving, especially for equipment.

I have seen stuff like this so many times on different jobs over the years. Sometimes it is an honest mistake, and sometimes it is intentional. It is NOT limited to the HVAC industry.

Supplier sends the wrong part with a long lead time, and the schedule keeps going forward.

Office orders the wrong part with a long lead time, and the schedule keeps going forward.

Detail or specification is missed, and the schedule keeps going forward.

Someone is trying to cut corners and eliminates a part, hoping to not get caught, and the schedule keeps going forward.

You know that road paving is checked with core samples? Well, around my area, all of the samples are drilled near each other. Why would those samples not be specified to be drilled across the road surface to catch thin spots? Makes no sense to me. If they are specified to be taken across the road surface, then someone is cheating, and no one is watching the watcher.

Same **** happens in building construction. No one watches the watcher. Company I work for got pinched for a part substitution that was caught by a commissioning agent, and another part was eliminated by a superintendent trying to cut corners. In a very complex system, it is relatively easy to try to pull one over if no one is watching, like a commissioning agent.

Lots of opportunities to try and put some extra in your pocket, if you are the owner or an employee working on a bone-us plan.

 

[bluedog225]

All I can say is a contract is worth its weight in gold when sh*t hits the fan! And you are there. The only way you have and leverage is to withhold any payments or any further. Your best situation is that you have no money exchanged yet.

The only other thought is, keep the 4 zone and proceed, BUT, he provides another single-zone minisplit on this dime. You will have to evaluate if this is practical for you. Do not hand over any further $$$ until this too is installed.

A backup separate unit would be good instead of all the eggs in the one basket. I plan to have 3 single head units. Also more efficient I believe.

 

[kngelv]

A backup separate unit would be good instead of all the eggs in the one basket. I plan to have 3 single head units. Also more efficient I believe.

I agree with this. Just have him do a single for the other room.

James

 

[Junkman]

I don't want to litter the property with units, and that is why I wanted the 5-head unit. The house has a small footprint on a small lot, and it won't be easy to fit another unit in.

 

[The Metric System]

Do you agree that he can't sell the unit sitting on the pad as a new unit just because it isn't in the original carton?

I have worked in HVAC and related fields for about 25 years.

I would not accept a minisplit condensing unit as "new" if it was not in the original packaging and instead just showed up loose in the back of a pick-up truck etc.

I'd likely just reject the equipment, and if I agreed to use it I'd expect a significant discount.

They ship in sealed boxes for a reason.

 

[Aileron]

its on him.
he got rid of the box.
he can sell it as new if he is installing it to someone else the exact way he is selling it new to the OP. OP didnt see a shipping box did they? Sometimes they get taken out of the shipping crate to fit in the back of a van when it gets loaded And taken to the job.
They don't happen to make a branch box do they to add more zones?

 

[mepstein]

Sounds like he might have bought an open box unit cheap and tried to pass it off as the one you ordered.
Also sounds like he’s telling you stories and waiting for you to just give in.
I would just tell him “we agreed on a unit and a price. I’m not going to accept a different unit just the same way you wouldn’t accept a lesser price after installing the correct 5 head unit.”
He can either remove the unit and replace it with the correct one or remove it and take his business elsewhere. It’s a hard conversation to have but I guarantee you, if the shoe was on the other foot, he’d be telling you you need to honor the agreement.