Central air conditioning was once a luxury but is now a modern necessity for homeowners in Florida. Not only do people need central air for their comfort, but they also need it as a selling feature when they want to list their property for sale.
Some people who have remodeled or even built their own homes may find that the central air conditioner they installed isn’t adequate and leaves their home muggy and miserable. Could your business be responsible and face losses in a construction defect lawsuit related to inadequate air conditioning?
Did you make a mistake, or did the client make a choice?
The biggest consideration regarding what liability you have in an under-performing air conditioner scenario is whether you chose the air conditioner or the client did. If your company miscalculated the amount of cooling energy required to keep the home comfortable, the client could have a claim. However, if the client chose that air conditioner, your liability may be lower.
Clients can sometimes make decisions that affect how much they enjoy the property where they live or its ultimate resale value. For example, clients may make decisions that focus on finances instead of function. Such decisions can lead to a diminished return on the investment made via remodeling or construction.
If the client had you install an air conditioner that is too small for their square footage after receiving advice to purchase a bigger, slightly more expensive unit, their decision could play a key role in your defense against their claims. Showing that an alleged construction defect is actually the product of a client’s decision could help you defeat a pending lawsuit.