House Springs, MO asked in Civil Litigation for Missouri

Q: I signed a Liability Waiver but the damage is still occuring do is the company still liable?

I had a HVAC unit installed via a grant program, the subcontractor upon install did the following:

Did not ground the unit properly which caused my dog to be shocked to death

Unit went on emergency mode and blew 97 degree temp heat out and was not able to shut off, so I had to put window units in to combat the heat in August which made my electric bill double daily from 100kw to 220kw on some days. (871 for a month)

Hole in wall

Broke Lattice

Damaged roof where it is still leaking a

bathroom ceilings water damage from leak in roof

ductwork collapsed 4 times, causing the unit to freeze

Ashrae fans ran through attic vents instead own duct

Provided 3 bids for repairs they went of course with the lowest and because they waited so long to send check the contractor is no longer available and no one will do the work for that amount.

Is the liability waiver valid since the repairs not included in the check amount were suppose to be fixed and are not?

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
  • Chesterfield, MO
  • Licensed in Missouri

A: An attorney would need to review the contract. Even if you couldn’t pursue a claim for breach of contract, Missouri’s consumer protection statute, the Merchandising Practices Act might be an avenue for legal relief.

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