📋 What is HVAC Failure?

HVAC failure occurs when a heating, ventilation, or air conditioning system fails to perform as promised due to defectuoso equipment, negligent installation, or code violaci贸ns. In California, HVAC work is heavily regulated, requiring specific licensing (C-20), permits, and cumplimiento with Title 24 energy efficiency standards. When contratistas cut corners or perform substandard work, propietarios have strong legal remedies.

Common Types of HVAC Failures

This guide applies if your HVAC contratista or installation has any of these issues:

❌ System Won't Heat or Cool

Equipment fails to reach set temperatures, runs constantly, or provides insufficient heating/cooling

🚫 Improper Installation

Wrong size unit, improper ductwork, refrigerant leaks, or electrical issues causing premature failure

💰 No Permits Pulled

Contratista installed without required building permits or passed final inspecci贸n through fraude

⚠ Title 24 Violaci贸ns

System fails to meet California's mandatory energy efficiency standards, causing high utility bills

California's HVAC Contratista Regulations

California provides robust protections for propietarios dealing with defectuoso HVAC work:

📚 C-20 Warm Air Heating, Ventilating and Air-Conditioning License

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California requires a C-20 contratista's license for HVAC installation and major reparaciones. The C-20 license authorizes work on:

  • Heating systems: Furnaces, boilers, heat pumps, radiant heating
  • Cooling systems: Air conditioners, evaporative coolers, chillers
  • Ventilation: Ductwork, exhaust systems, air handling units
  • Controls: Thermostats, zoning systems, building automation

Work without a C-20 license is a misdemeanor under B&P Code 7028.

🌱 Title 24 Energy Efficiency Standards

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California's Title 24 Building Energy Efficiency Standards require HVAC systems to meet strict efficiency requirements:

  • HERS Testing: Many installations require third-party verification by a Inicio Energy Rating System (HERS) rater
  • Duct Sealing: Ducts must be sealed and tested to prevent air leakage
  • Load Calculations: System sizing must be based on Manual J calculations
  • CF-1R/CF-2R/CF-3R: Cumplimiento forms documenting code cumplimiento

Failure to meet Title 24 can void permits and warranties.

🔒 Permit Requirements

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HVAC installation and replacement typically requires building permits:

  • New HVAC system installation (always requires permit)
  • Replacement of furnace or air conditioner (requires permit)
  • Ductwork modifications or installation
  • Adding or modifying gas lines
  • Electrical work for HVAC equipment

Unpermitted work can result in: forced removal, inability to sell home, seguro reclamaci贸n denegaci贸n, and no manufacturer garant铆a.

💰 Garant铆a Requirements

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HVAC systems come with multiple garant铆a protections:

  • Manufacturer garant铆a: Typically 5-10 years on parts (may be voided by improper installation)
  • Contratista garant铆a: Usually 1-2 a帽os on labor and installation
  • Implied garant铆a: California law implies a garant铆a of merchantability (CC 1791.1)
  • New construction: 4 a帽os for latent defects, 1 a帽o for patent defects (CC 896)

⚠ Unlicensed HVAC Work = Major Problems

If your HVAC contratista was unlicensed (no C-20) or let their license lapse:

  • They cannot enforce the contract against you (B&P Code 7031)
  • usted puede recuperar all payments made (c贸digo laboral 2810.5)
  • Manufacturer warranties may be void
  • Seguro claims may be denied
  • Permits obtained fraudulently may be rescinded

✅ Lista de Evidencias

Gather these documents before sending your carta de demanda or filing claims. Click to check off items as you collect them.

📄 Documentos del Contrato

  • ✓ HVAC installation contract (all pages)
  • ✓ Written proposals and estimates
  • ✓ Change orders and amendments
  • ✓ Equipment specifications provided

📋 Permits and Inspecci贸ns

  • ✓ Building permit copy (if obtained)
  • ✓ Inspecci贸n records from building dept.
  • ✓ HERS testing reports (CF-2R/CF-3R)
  • ✓ Final inspecci贸n sign-off (or lack thereof)

💰 Payment Records

  • ✓ All cancelled checks / bank statements
  • ✓ Credit card statements
  • ✓ Financing agreement (if applicable)
  • ✓ Invoices and receipts

❄ System Performance

  • ✓ Utility bills before and after installation
  • ✓ Thermostat readings/logs showing failures
  • ✓ Independent HVAC evaluation report
  • ✓ Temperature measurements/documentation

📷 Photo/Video Evidencia

  • ✓ Photos of equipment installation
  • ✓ Ductwork photos (connections, insulation)
  • ✓ Visible defects or damage
  • ✓ Equipment model/serial number photos

📩 Comunicaciones

  • ✓ All text messages with contratista
  • ✓ Email correspondence
  • ✓ Service call records and notes
  • ✓ Written garant铆a claims to contratista

💡 Pro Tip: Get an Independent HVAC Evaluation

Hire a different licensed C-20 contratista to inspect and evaluate your system. Ask them to document: load calculations (Manual J), equipment sizing, ductwork condition, code cumplimiento, and estimated reparaci贸n/replacement costs. This expert opinion is essential evidencia.

📊 Calcule Sus Da帽os

California law allows recuperaci贸n of all da帽os caused by defectuoso HVAC installation. Treble da帽os may apply when the contratista made false representations.

Damage Type Descripci贸n
Cost to Reparaci贸n/Replace Cost of a licensed contratista to properly reparaci贸n or completely replace the defectuoso HVAC system. Get 2-3 written estimates.
Permit Correction Costs Fees to obtain proper permits, HERS testing, inspecci贸ns, and bring installation into code cumplimiento.
Energy Cost Overages Increased utility bills due to inefficient equipment or installation compared to a properly functioning system.
Temporary Climate Control Cost of portable heaters, window AC units, or hotel stays during periods when home was uninhabitable.
Property Damage Damage to property caused by HVAC failure: water damage from condensation, mold growth, or other consequential da帽os.
Service Call Costs Money paid for repeated service calls attempting to fix the defectuoso system before realizing full replacement was needed.
Lost Manufacturer Garant铆a If improper installation voided manufacturer garant铆a, the value of that lost garant铆a coverage.

Treble Da帽os Under B&P Code 7160

If the contratista made false representations to induce the contract, usted puede recuperar THREE TIMES actual da帽os:

❌ False Efficiency Claims

Promising specific energy savings or efficiency ratings that the installed system cannot achieve

❌ Wrong Equipment Installed

Installing different (cheaper) equipment than what was specified in contract or proposal

❌ False License Claims

Claiming to have C-20 license when unlicensed or using another contratista's license

❌ Permit Fraude

Claiming permits were pulled when they weren't, or claiming inspecci贸ns passed when they didn't

📊 Sample HVAC Failure Da帽os Calculation

Example: Defectuoso Central AC/Furnace Installation

Amount paid for original installation $12,500
Cost of proper replacement installation $15,800
Replacement overage $3,300
Permit and HERS testing fees $1,200
Excess utility costs (18 months) $2,700
Temporary heating/cooling equipment $850
Prior failed reparaci贸n attempts $1,400
Water damage from condensation leak $3,200
da帽os reales SUBTOTAL $12,650
Treble da帽os (if 7160 applies: x3) $37,950
MAXIMUM POTENTIAL RECOVERY $37,950

⚠ Get Multiple Reparaci贸n Estimates

To prove da帽os, you need independent verification:

  • Written estimates from 2-3 licensed C-20 contratistas
  • Detailed explanation of what's wrong with the installation
  • Statement of code violaci贸ns (Title 24, local codes)
  • Energy audit showing efficiency problems

📝 Texto Modelo de Carta de Demanda

Copiar and customize these paragraphs for your HVAC failure carta de demanda.

Opening - Formal Demand
RE: FORMAL DEMANDA FOR DAMAGES - DEFECTIVE HVAC INSTALLATION

Dear [CONTRACTOR NAME/COMPANY],

This letter constitutes formal notice that the HVAC system you installed at my property located at [PROPERTY ADDRESS] is defectuoso and fails to perform as warranted. Your installation violates California's Contratistas State License Law, Title 24 Energy Efficiency Standards, and local building codes. I hereby demand that you remedy the defects or pay da帽os as set forth below.
Contract Background
On [CONTRACT DATE], I contracted with your company (California Contratista's License No. [C-20 LICENSE NUMBER]) to install a new [DESCRIBE SYSTEM: e.g., 3-ton split system air conditioner and 80,000 BTU furnace] at my residence. The total contract price was $[CONTRACT AMOUNT]. You represented that the system would [STATE PROMISED PERFORMANCE: e.g., efficiently cool/heat my home, reduce energy bills by X%, meet all code requirements]. I paid the full contract amount on [PAYMENT DATE(S)].
Defecto Descripci贸n
The HVAC system you installed is defectuoso and fails to perform as warranted. Specifically:

Performance Failures:
- [DESCRIBE SPECIFIC FAILURES: e.g., System cannot cool home below 78 degrees when outside temperature exceeds 90 degrees]
- [e.g., Furnace short-cycles and fails to maintain set temperature]
- [e.g., System runs constantly but home remains uncomfortable]

Installation Defects:
- [DESCRIBE: e.g., Ductwork connections are loose and leaking air]
- [e.g., Unit is undersized for home square footage (no load calculation performed)]
- [e.g., Refrigerant charge is incorrect]

I have obtained an independent evaluation from [OTHER CONTRACTOR NAME], a licensed C-20 contratista, confirming these defects. A copy of their report is enclosed.
Legal Violaci贸ns
Your defectuoso installation constitutes multiple violaci贸ns of California law:

1. Contratistas State License Law:
- B&P Code 7109: Departure from plans and specifications by installing undersized/incorrect equipment
- B&P Code 7110: incumplimiento with building codes and permit requirements
- B&P Code 7113: Failure to complete the project to a standard of workmanship

2. Title 24 Building Energy Efficiency Standards:
- [IF APPLICABLE: No HERS testing performed as required]
- [IF APPLICABLE: Duct leakage exceeds code maximum]
- [IF APPLICABLE: No load calculation (Manual J) performed]

3. Permit Violaci贸ns:
- [IF APPLICABLE: No building permit was obtained for this installation]
- [IF APPLICABLE: Installation failed final inspecci贸n]

4. Breach of Garant铆a:
- Breach of implied garant铆a of merchantability (c贸digo civil 1791.1)
- Breach of express garant铆a that system would perform as represented
Da帽os Calculation
As a direct result of your defectuoso installation, I have suffered the following da帽os:

Reparaci贸n/Replacement Costs:
- Cost to properly replace system (per estimates): $[AMOUNT]
- Original contract price paid: $[AMOUNT]
- Additional cost to correct your work: $[DIFFERENCE]

Permit and Code Cumplimiento:
- Permit fees and inspecci贸ns: $[AMOUNT]
- HERS testing: $[AMOUNT]

Additional Da帽os:
- Excess energy costs ([X] months): $[AMOUNT]
- Temporary heating/cooling: $[AMOUNT]
- Prior reparaci贸n attempts: $[AMOUNT]
- Property damage: $[AMOUNT]

TOTAL da帽os reales: $[TOTAL]

[IF APPLICABLE: de conformidad con B&P Code 7160, your false representations entitle me to treble da帽os of $[TOTAL x 3].]
Demand and Deadline
DEMANDA FOR REMEDY

I demand that within fifteen (15) days of the date of this letter, a m谩s tardar [DEADLINE DATE], you either:

OPTION A - Correct the Defects:
Properly reparaci贸n or replace the HVAC system to meet all contract specifications, manufacturer requirements, and code standards, at no additional cost to me, including obtaining all required permits and inspecci贸ns.

OR

OPTION B - Pay Da帽os:
Pay the sum of $[TOTAL DAMAGES] to compensate me for the cost of hiring another contratista to correct your defectuoso work.

If you fail to respond or provide appropriate relief by this deadline, I will pursue all available legal remedies including:
- Filing a formal demanda with the Contratistas State License Board
- Filing a reclamaci贸n against your contratista's license bond
- Filing a civil demanda judicial seeking actual da帽os, treble da帽os, and abogado fees
Closing
Atentamente,

[YOUR NAME]
[YOUR ADDRESS]
[YOUR PHONE]
[YOUR EMAIL]

Anexos:
- Copiar of installation contract
- Payment records
- Independent contratista evaluation report
- Reparaci贸n/replacement estimates
- Photographs of installation
- Utility bills showing excess costs
- Permit records (or evidencia of lack thereof)

cc: Contratistas State License Board
cc: [BONDING COMPANY NAME]

🚀 Pr贸ximos Pasos

Qu茅 hacer despu茅s de enviar su carta de demanda.

Recommended Action Sequence

Step 1: Enviar Carta de Demanda

Enviar via correo certificado with acuse de recibo requested. Allow 15-30 d铆as for response.

Step 2: File CSLB Demanda

File online at cslb.ca.gov. Include all documentation. CSLB can order restitution.

Step 3: File Bond Reclamaci贸n

Contacto the contratista's bonding company to file a reclamaci贸n against their $25,000 license bond.

Step 4: Pursue Legal Remedies

If no resolution, file in Small Claims (up to $10,000) or consult an abogado for larger claims.

If They Don't Respond or Refuse to Pay

  1. File CSLB Demanda

    The CSLB can investigate, order restitution, and suspend/revoke the contratista's license. File at cslb.ca.gov.

  2. File Bond Reclamaci贸n

    Look up the contratista's bond information on CSLB website and contact the surety company directly to file a reclamaci贸n.

  3. Tribunal de Reclamaciones Menores (Up to $10,000)

    Fast, inexpensive, no abogado required. Good for straightforward HVAC reparaci贸n cost claims.

  4. Civil Tribunal (Over $10,000)

    For larger claims including treble da帽os. Abogado recommended for complex cases.

⚠ Contacto Building Department

If work was done without permits, contact your local building department:

  • Request permit records for your address
  • Report unpermitted HVAC work
  • Ask about "owner-initiated" permit process
  • The contratista may be cited and required to obtain permits or remove work

❄ Don't Void Your Garant铆a

Before having another contratista fix the work:

  • Document everything with photos and video
  • Get the new contratista's evaluation in writing first
  • Keep all old parts and equipment for evidencia
  • Consider having the inspecci贸n witnessed by a third party

Need Professional Help?

HVAC defecto cases involving Title 24 violaci贸ns or significant da帽os can be complex. Get a 30-minute strategy call with a construction abogado.

Agendar Consulta - $125

Recursos de California