pressure tank issues--confirmation needed

[stewmike60]

I need the expertise of some of the moderators. I posted a thread last month about a pressure tank problem, a new well pump installed two years ago along with a pressure tank, and all of it going bad again in early October of 04. The contractor was the original installer of the well, the well-pump and the pressure tank approx 7years ago.(Before I bought this house.) Two years ago, my well-pump went out(apparently the victim of a lightning strike). I had the original installer replace the well pump as needed. At that time, he told me the pump only came with a 1yr warranty, and the pressure tank was bad also, but it was still covered under a 5year warranty. I accepted this from him, and thought nothing of it because he was the original installer. I trusted his expertise until my well pump went out again in early October of this year. I called him again--he said the pump was bad again(motor burned up?) and the bladder tank was again bad. He mentioned that my problem was that the pressure tank needed to be stood upright.(it was installed on it's side due to the height of crawl space.) He replaced the pump and said he would call me to set a time for pressure tank replacement. All I got was a bill for $750 for the pump replacement. He never returned to replace tank.
To cut it short, I checked and found that the well-pump manufacturer offered an extended 5yr warranty if I installed a lightning/surge protector. This was never offered to me by the contractor. I also found that it is not advisable to install a vertical pressure tank on it's side--it was intended to stand upright. They make horizontal tanks specifically for that reason. This also could have avoided if the contractor had dug a 6 inch spot out--the tank would have stood upright.
I got tired of all the shinanigans, and installed my own pressure tank(digging a small hole out so it would stand upright as it was intended) and I now have better water pressure than at any time during the 5 yrs I have lived here. The tank is exactly the same size as the previous two, but is now operating perfectly.
Please help me justify my refusal to pay this contractor over $750 for this last well-pump. I contend this all could have been avoided had he taken the 15 minutes originally to dig a small spot to allow the tank to stand upright as it was intended. Also, his omission of the 5year warranty option in my opinion was almost criminal. I called the manufacturer, and they agreed that this option should have been offered to me. They acknowleded that this individual buys quite a few of these pumps from them and he was well aware of this. Sounds fishy to me........Any help would be appreciated. Thank-you.

[DUNBAR PLUMBER]

I can't tell you which side I am on, for the reason that bladder tanks are made similar to expansion tanks, and I can see why the tank was installed in that manner. But, that doesn't make it right.


If you can get Factual Evidence to support that the tank being laid on its side was the reason for the tank to expire, I would then say that he is responsible for the cost of the tank, for sure. I can see where the design could cause a premature rupture of bladder since it was designed to have water against it evenly,,,,,,,,,I guess with 2.5 gallon and larger expansion tanks, this issue doesn't compare.


As for the issue of the pump, I don't think you can hold the installer liable for not selling you additional coverage on your pump. As a consumer it is your responsibility to protect yourself in any fashion. If you didn't ask questions in regard to the additional warranty, the installer is under no obligation to be held liable for not mentioning additional warranty. No transaction is made, no exchange of money for services/warranty. This would fall out in a court of law as no burden of proof that the installer purposely tried to install the product to fail.

The same way I can install a water heater,,,,,and I hold no responsibility to what happens to it if a lightning strike causes the thermostats to blow. My initial agreement only holds me liable for the workmanship, done to code, and ultimately done in fashion to protect human life.



But as I stated, if you can contact the one who made the tank, not the seller to put in writing that the tank will prematurely fail if not set in the intended position, you will be in the right.



Be careful about holding money over someone's head on services that were done correctly, working and done in the view of proper workmanship; the contractor can turn around and file suit in a court of law for unpaid services.


If it is proven that you used the payment of services for work that was properly done and in working fashion, the scale can tip to the contractor's side and he can claim numerous issues such as hardship, material non-payment, repayment of legal fees in order to collect from you.



A good deal to consider, your local laws have the final say, let alone what the judge thinks of holding someone accountable for work installed over 2 years ago, preventing non-payment of funds for work properly installed. :confused: :p

[Gary Slusser]

..... Please help me justify my refusal to pay this contractor over $750 for this last well-pump. I contend this all could have been avoided had he taken the 15 minutes originally to dig a small spot to allow the tank to stand upright as it was intended. Also, his omission of the 5year warranty option in my opinion was almost criminal. I called the manufacturer, and they agreed that this option should have been offered to me. They acknowleded that this individual buys quite a few of these pumps from them and he was well aware of this. Sounds fishy to me........Any help would be appreciated. Thank-you.

In your opinion, how did the tank cause failure of the pump or have anything to do with the pump failure since it was hit by lightening? IMO at best you might prove he is responsible for a tank failure but not the pump failure. And withholding payment on the pump puts you in a bad position when going to court. Actually you are illegal there. As you say the pump is working just fine, pay him for it and then decide what if anything you want to do about the tank.

He has no obligation to 'sell' you an additional warranty and in many cases consumers would resist and claim (read whine in most cases) that he was trying to pad the bill. I have always included the additional warranty in my price of the pump replacement and state the warranty as 5 years without saying it is an option.... BTW, his price for replacing the pump is well within the acceptable range.

And if my supplier spoke to my customer as his has spoken to you, they'd lose my business in a hurry BUT my pump manufacturer knows nothing of my volume of business with their distributors... so that sounds fishy to me.

Gary
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Doug Aleshire, Super Moderator 2