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Off to court! (GrandPAH)

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Dave Yates (PAH)
Dave Yates (PAH) Member Posts: 2,162
One insurance co against another. An oil-fired furnasty puff-back shortly following a "seasonal service". One of the hazards by being friends with lawyers whose kids are in your Scout Troop!

Should be one hell of an interesting day!

Does "OK" suffice for CO, CO2 and O2 on a customer's report? Can a furnasty built in 78 be made to operate well beyond its factory rated max eff if the nozzle size and pattern match factory specs? Can the net stack temp be substantially below (as in way below) factory guidelines under those circumstances? Only the lawyers can tell(G).

As Bullwinkle woulda said "nuttin up my sleeves". A few surprises are in store - if needed(G).

Testing with a certified electronic combustion analyzer that incorporated a print-out would have set the stage for salvation and kicked "ok" in the butt.

If'n you don't test - properly - you can't know & it might just cost you big bucks in the end. Or you can roll the dice and end up in court when things go south.

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  • Dave Yates (PAH)
    Dave Yates (PAH) Member Posts: 2,162
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    Yesterday too!

    Went before a commissioner's hearing on two lousy sewer line inspections. Violating the first basic rule of plumbing - poop don't run uphill by gravity! Both were inspected and passed. The four-unit condos (quite large) didn't settle and the vein of rock didn't budge either. Rather substantial rise in sewer-line grade. Ridgid sewer line camera recorded the 40'-long puddle that was 3.5"-deep.

    Oops.

    20K fix and now the PI/Township is on the hook. Lots of squirming going on.

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  • Mad Dog_2
    Mad Dog_2 Member Posts: 6,947
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    Just stand your ground and hold the line........................

    GrandPah....Common sense is common sense. I'm sure you'll conjure up soem pragmatic metaphors so they see the light. Good luck, Man Mad Dog

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  • Mark Hunt
    Mark Hunt Member Posts: 4,909
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    You need


    to call David Blaine.

    When science doesn't work for you, all you need is FM.

    Mark H

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  • Brad White_9
    Brad White_9 Member Posts: 2,440
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    And what does \"Oops\" spelled backwards

    sorta spell?

    Glad you are on the side of the right, Dave.
  • Unknown
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    I sure hope

    I sure hope the plumbing inspector and township get nailed on this one... I'm sick of tired of those so called inspectors can't be sued or fired because they r the "goverment" ... Please tell us wallies, the result!
  • Dave Yates (PAH)
    Dave Yates (PAH) Member Posts: 2,162
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    well

    Wasn't my idea to go after them. But, seeing the video and then observing while we excavated to see the obvious - pipe lying directly on the vein of rock and running uphill tripped the condo assn's trigger. Not your average run-of-the-mill condos folks, these puppies started at $750,000.00 & went up from there. The condo assn is comprised mostly of multi-millionaires. They're one angry and determined group!

    BTW, a squashed or crushed pipe is to be correctly identified as "deflected". I thought it was the Possum Lodge Word Game and made them correct me twice more before I "got" it.

    PS - We kicked butt this morning. The opposing Atty hung around to ask me if I'd be willing to be on his list for being an expert witness. No thanks, I'm not looking to become a head-hunter. Besides which, I doubt most of his clients could afford my witness rates(G).

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  • Terry_14
    Terry_14 Member Posts: 209
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    if it aint documented

    If it aint documented it didn't happen. That little print out can save a lawyers fee and a raise in insurance.

    Professional practices don't cost they pay.

    Terry T
  • S Ebels
    S Ebels Member Posts: 2,322
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    You know..............

    If for no other reason than documentation, it's worth doing a test on every appliance you lay your hands on. Buying a combustion analyzer and using it correctly is the cheapest insurance you can get for your business. Doesn't get anymore plain than this incident makes it.
  • Dave Yates (PAH)
    Dave Yates (PAH) Member Posts: 2,162
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    Documentation!

    Right you are. The opponents lawyer this morning was obviously surprised to see me show up well dressed with a soft briefcase and an easel for holding the large presentation drawings I had ready.

    So, being that I filed against his clients (and me not having hired a lawyer), I got first at-bats(G). I held court (pun intended) for a bit more than 30-minutes as I laid out the groundwork and foundation that I knew would address and undermine every point they would attempt to make. As the BSA says - be prepared. I was - in spades. At the end, I still had a bunch of things to introduce that never became necessary, so they sat idle. No sense giving away all the secrets!

    I had asked myself every concievable question the other side could possibly think of and had clear, concise and well reasoned responses ready for any eventuality.

    During cross, I had ample opportunity to shred their credibility due to their being fairly poor at lying and I caught them in a number of contradictions.

    But, best of all, I had a boatload of documentation - they had none. Now the Judge has my documentation and a hollow echo of what they attempted to say verbally.

    The Judge has five days to decide.

    Case #2? The opponents ins co caved and settled.

    Documentation from a certified combustion analyzer would have saved their hide! However, none would have recorded what was claimed. I had the facts, the certified combustion analyzer (ours) print out and the manufacturer's specs - all of which indicated the ins co I was working for had the documentation to prove their case - beyond any reasonable doubt.

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  • gerry gill
    gerry gill Member Posts: 3,078
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    i'm all for and do test,

    but my problem with the printout is it doesn't say who's house, etc... so i just write it on the paperwork that has the customers info on it..my opinion is a ''cash register receipt'' without a store name is junk..

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  • Dave Yates (PAH)
    Dave Yates (PAH) Member Posts: 2,162
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    Unless

    the HO happens to be present, as was the case here. I insisted they be with me during the test.

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  • Terry_14
    Terry_14 Member Posts: 209
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    signed printout

    When i have test printouts I ask for a signiture and print a second report for pouch on furnace. Date Time and second printing with signiture and my bacon is covered.

    the cost of printer paper is cheep insurance. Doing the job, service,repair professionally is PRICELESS!

    Terry T
  • gerry gill
    gerry gill Member Posts: 3,078
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    i never thought of having them sign it..

    dah...that one was stareing me in the face, wasn't it....
    probably good idea to have them witness it too, as Dave says..both very sound ideas..i'll have to incorporate these into my testing..

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  • Dave Yates (PAH)
    Dave Yates (PAH) Member Posts: 2,162
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    having a HO present

    during the test reinforces the fact that you are a professional and want to include them in the process - a real comfort factor for their mind and soul.

    In our case, we have them sign the worksheet where it says (you're welcome to use this): "I HAVE THE AUTHORITY TO ORDER THE WORK OUTLINED ABOVE WHICH HAS BEEN SATISFACTORILY COMPLETED." Signature and date lines follow. That little ditty helps refresh feeble minds when the bills arrive(G). Works on GC's too.

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