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Message |
    
Brinckie2
Citizen
Username: Brinckie2
Post Number: 41
Registered: 9-2002
| | Posted on Wednesday, December 3, 2003 - 8:26 am: |     |
I had a contractor put up some siding on my house. He didn't replace the plywood underneath, as it was in decent shape. One of his nails ended up puncturing a water line that was behind the plywood, which caused some flooding and a hefty plumbing bill. Is it right to hold him (at least partially) responsible for the damage to the pipe? |
us2innj
Citizen
Username: Us2innj
Post Number: 914
Registered: 5-2001
| | Posted on Wednesday, December 3, 2003 - 8:38 am: | |
I would think the contractor would be fully liable for any damage caused. Did you talk to the siding contractor about what happened, and what it cost to repair? |
jgberkeley
Supporter
Username: Jgberkeley
Post Number: 3363
Registered: 5-2001
| | Posted on Wednesday, December 3, 2003 - 10:18 am: | |
I read your question and thought about if for a while.
I find myself on the fence on these problems.
The contractor came out to do a job and the job had little to do with plumbing. Working on your house, stuff happens. If a window cracked or if a shower drain starts to leak it that the contractors problem?
Was it an accident, an outcome of chance or was willfull neglect involved?
I've had cases where a contractor just plain did someting stupid and caused damage. I held them accountable. I've had cases where something was broken or damaged, and it just happened, it was not willful or neglect. The contractor was very responsible, pointed out the problem, was sorry and told me how it developed. I just let it go.
Some times you just don't need a lawyer.
Never be afraid to try something new. Remember, amateurs built the ark; professionals built the Titanic. |
bobk
Supporter
Username: Bobk
Post Number: 3968
Registered: 5-2001
| | Posted on Wednesday, December 3, 2003 - 10:25 am: | |
Stuff happens, especially in older homes and not all of it can be laid at the4 feet of the contractor. However, nailing into a wall without knowing what is behind it is pretty negligent in my opinion. A quick glance through a window would locate the kitchen and baths and be a good indication to stick to nailing into studs. |
shoshannah
Citizen
Username: Shoshannah
Post Number: 318
Registered: 7-2002
| | Posted on Wednesday, December 3, 2003 - 10:39 am: | |
Definitely the contractor is responsible. If he's not a fly-by-night, he should be insured for those kinds of things. By all means, make a claim with your insurance company, which will probably make a claim with his insurance company. |
Brinckie2
Citizen
Username: Brinckie2
Post Number: 42
Registered: 9-2002
| | Posted on Wednesday, December 3, 2003 - 1:14 pm: | |
I just got the bill from the plumber-$430. I don't think that this is enough to warrant a claim with my insurance company.
I'm going to ask the contractor to split it with me. |
us2innj
Citizen
Username: Us2innj
Post Number: 916
Registered: 5-2001
| | Posted on Wednesday, December 3, 2003 - 2:00 pm: | |
If your contractor is an straight-up guy, he will submit the bill directly to his insurance company. There really should be no reason to have to get your insurance carrier involved in this at all. |
Michael K. Mc Kell
Citizen
Username: Greenerose
Post Number: 125
Registered: 9-2003
| | Posted on Wednesday, December 3, 2003 - 2:39 pm: | |
I tend to go with berkley on this one.
I spent 16 years underwriting Excess Casualty / Umbrella liability most of which for contractors of all shapes and sizes. Then I became one!
Not being bias. I agree with portions of all the commentary above.
Homes are repaired and repaired by professionals, amatuers and homeowners. So.... Not everything is where it "should be" and shit happens.
If the problem occured at that time and was addressed promptly I would like to think the contractor would "Man up" or at least try to look for the cause if in fact the nails were the cause. Maybe the nails being used were to long? If it's brought up at a later date speculation becomes a major factor.
I would say a call to your home owner insurer is the first step. If they cover it, they'll be sure to subrogate against the contractors insurer. If he has coverage. (Ever see a dog chase it's tail?)
Best of luck and hope this helps.
Michael K. Mc Kell
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