We constructed a building. Hired the designing A-E to do construction management and commissioning. One month before the 1 year warranty expired. Two systems failed. Constructor contractor claims to have done per the contract. A-E finally inspected and gave us some minor information on the problems. A hook-up was not per the submittal for one system. Suggested the system be checked throughly by contractor. Other system, just move some tubing so heat is generated where it should be. Construction contractor says tubing is where it should be and if he moves it, at our cost, the tubes would be mashed by equipment laying on it.
Construction contractor's sub has dissolved and he refuses to do more work. Called A-E back twice and left messages. We need clarification. Was the work done per four drawings/specs. If not done per submittal need to show construction contractor. A-E not responding. As grumbled about getting compensation. But if work wasn't per drawings/specs. The A-E failed to find it and the construction contractor's sub failed to follow it as well. If it was a drawing problem, it's the A-E fault. But if per our drawings and specs. and submittals, which were approved by the A-E, neither contractor is at fault. But how do I find out? What do I do now?
Review the A-E warranty clause and write up a letter? Both contractors have been fully paid. I'm in a bine.
Would appreciate advise. Thank you