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Question:

Heating Contractor Problem - Badly Sized Boiler?

I worked with a plumbing contractor to put a new steam boiler in my house. As I know, steam boilers need to be sized correctly I verbally verified the sizing with him. Unfortunately, on the install date I could not be home because I just started a new job. He installed a boiler far bigger than I discussed. As well, the boiler documentation states that the boiler will not be warrantied if mis-sized. However, the contract did not state the size. I have withheld payment but the contractor is threatening a lien. Am I screwed?

Answer:

Over sizing of boilers is not as critical as people think it just heats up faster and shuts off then the thermostat controls the room temperature. But if you didn't get anything in writing he is just as screwed as you, there should have been a proposal that stated the size if it is not right hold payment in escrow and tell him he will get paid when the job is done right.
Are you sure it’s a steam boiler? They’re pretty rare these days. At any rate, oversized units are not as bad as undersized units. They will get the steam to your radiators faster and cycle more often with a lower duty rate, not necessarily bad. Check your sizing with the manufacturer to ensure you are covered by their warranty. Your contract should have specified what you were buying. Check with your local Consumer Protection Agency or Better Business Bureau for potential recourse. You may have paid for a larger unit than you bargained for. Don’t worry about a lien unless you plan on selling in the near future. Construction liens are a safety mechanism for contractors and sub-contractors to make sure they get paid if you sell the house. They usually carry a time limit or the contractor has a time limit to remove the lien after the matter is resolved. Either way, check to make sure the lien is removed when all is resolved (don’t take their word on it).
Steam boiler? hard to believe, I think you mean a hot water boiler. It's better to be over sized then under. It only means it will get hot quicker and turn off, it should control the heat as well as any other. Holding off your payment isn't Hoyle. You can be held accountable rather then him, for holding money from a contractor. Many people are wrong thinking they can withhold money, you can't, the work was done, it was your interest to be there or have someone there to watch him if you weren't feeling safe. You can then sue later. I think your going to be O.K. pay the man, he did the work.
Should of had it in writing. how did you figure out the sizing. Why would he put in a bigger boiler-They cost more- That means he makes less from the deal if it was after signing the papers. Double check the sizing and try to work it out if there is a problem. Court is not the best way to go. Depending on the state and you lose, you will pay for his fees and interest for the overdue balance. Steam is still around and common. Verify sizing and get it in writing from the proper source and prove voiding of the warranty and you stand a chance. Good Luck.

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