Need Chimney advice on liners, code, and liability

[Belinda Leopard]

Hello, I arranged to have new boiler furnace put in to replace my mother's old 94-96 Burmham boiler. The HVAC installer realized the liner that was supposed to have been installed in 2007 was not done correctly. The 6" SS liner stops at the bend or offset? and not the thimble in the basement. The gas water heater nor furnace were hooked to the flue or venting properly. We had a Chimney company come out and look at it. They also confirmed that the furnace flue was not installed correctly, and liner was stuck in the chimney. However, we found the original contract for the liner that was installed in 2007. Had the owner come out and look at it on Thursday 7 September. The owner is saying in the work order: "it may be necessary to remove existing terracotta tile in order to install the correct size liner. ####### is limited by the cavity space inside the chimney. During the removal of the furnace flue tiles the fireplace flue tiles may be damaged because of potential construction defects within the chimney. The 2 flues are adjacent to each other without a proper wythe wall. ###### is not responsible for repairing the fireplace flue if it is damaged...."

My mother unfortunately suffers from dementia now possibly from long term exposure to low levels of Co2 leaching into the house from a mostly blocked chimney for the past 16yrs. She is not the only one experiencing forgetfulness, myself @48yrs old and my sister's husband who is 51 are to some degree. I've been staying there four days a week for the last 7years. The HVAC company also found some unexplainable sediment build up at the opening of the thimble area and the bend of the chimney. Also likely due to the incorrect installation.

Chimney history:
My father built the house in 1976. He paid for a brick chimney with a terracotta liner to be constructed. The chimneys are side by side, pic attached. I tried to add more pics but it would upload. He had the chimney inspected back in 1976 and there was no issue then or mention of a wythe wall being required. My mother used to have oil heat at one time and then it was switched to natural gas. I couldn't tell you what was in the chimney between the time when the oil furnace and the boiler was originally put in, either 1994 or 1996.

Am I being taken advantage of? And do I need to have the original company correct the issue or can I have the 1st chimney company do the work and the original company pay for it to be corrected?

Any advice or info would be appreciated.

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[Brian Hannigan]

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[Belinda Leopard]

Here is the chimney furnace liner pic that didn't go with the post.

[Jerry Peck]

A couple of questions to start the discussion:

- Review what the original contract says was included and would be done, and not done/excluded.

- Have the original contractor come out and state what they will do/not do.

Go from there.

[Belinda Leopard]

A couple of questions to start the discussion:

- Review what the original contract says was included and would be done, and not done/excluded.

- Have the original contractor come out and state what they will do/not do.

Go from there.

Hello Jerry,

The original contract was to install a 28' ss liner to the thimble. According to both the HVAC and Chimney company it appears as though the original chimney co. pushed the liner down to the offset and got it stuck and then cut off the excess. Never connecting it futher to the thimble. Now 16yrs later the original company said they would correct the liner according to what I put as the work order. " "

Does this answer your question?

[Jerry Peck]

Now 16yrs later the original company said they would correct the liner according to what I put as the work order.

"said they would correct the liner according to what I put as the work order"

Do you mean 'in accordance with the original contract'?

Those are two different things.

If the original company will correct it to be in accordance with the original contract, that seems to be your answer for corrective work.

to the thimble

Hopefully "to" also means "connected to the thimble".

[Belinda Leopard]

What I am asking is.. was there or is there a requirement to have a wythe wall in the chimney in 1976? Should the original contractor "the owner" be liable to fix the fireplace side if they damage it while replacing and installing the new liner regardless of not having a wythe wall? And is in normal to have to take out the terrocatta tiles to put in a flue/liner? The owner of the company knows that I am ignortant of the topic and can just tell me anything to what he is not liable for if he damages it. So that is why I am seeking guidance. The chimney company who said that the original work was incorrect did not mention needing to take out any tiles or possibly damaging the fireplace side to install their 5 ?/2" liner. So if I wanted to go with the company who was going to install the 5 1/2 " liner is the "owner" responsible for paying this company to fix their original work?