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Posted by Handplanes on January 14, 2009, 5:28 pm
Hi. I very recently noticed some mold in the den under the master
bathroom. The mold was up by the ceiling where it meets the wall -
tthe tub is above that so I knew it wasn't good. The bathroom above
was remodeled about four years ago and all of the plumbing was
replaced.
I opened up the ceiling and the sheetrock was wet and moldy, so I cut
it out, cleaned up the mold as best I could, located what was leaking
and called the plumber.
There was a copper T in the riser supplying the sink branch. The T
was leaking where the horizontal line came in. I don't know how long
the leak had been dripping, but for the amount of green crud on the
outside of the T it must have been for a while. You could see that
the solder at the T was rough and not smooth like it usually is when
the solder and fitting are hot enough.
The plumber came out and took a look and agreed that it was the T that
leaked and there was no other damage that caused the leak. When the
remodeling work was done I did not have a contract with the plumber,
it was a verbal agreement (I know that's not recommended!) and
everything went fine.
That's the background, now here's my question.
Is there an implied warranty of some sort that covers concealed work
and problems that don't immediately show up? I know new houses have
warranties, and that a standard contract usually has a one year
warranty covering the work, but this is an older house, and there
wasn't a contract. In any event I don't think an entirely new
bathroom plumbing system should leak from the supply lines in just a
few years.
So, who's responsible for the repair costs? I'm not particularly
concerned about the sheetrock, painting and the few tiles I had to
remove at the tub to access the plumbing. It's more of a question of
whether the plumber should take care of the plumbing repair on his
dime as it was his work that caused the problem.
It was due to an honest mistake - his mistake - and I know he is a
good plumber. I thought that he would take care of the repair since
his work caused the problem and I would not be billed. In return I
would not bill him for the damaged sheetrock, painting and tile that
had to be removed as I have a relative that does general construction
and handyman work for me. In mentioning the situation to some friends
they said that the plumber would probably hit me with a hefty bill for
the plumbing repair.
If he does send me a bill, what do I do? Do I just pay it without
question? Pay it and give him the bill for the other repair work
necessitated by the leak? I really have no idea what legal area this
would fall under and whether there is some standard procedure for a
concealed problem showing up a few years down the road.
I have no intention of taking this to a lawyer or small claims court,
and I live in NY if anyone knows the specifics in my state. I am just
curious what people's opinions are on this type of thing and if
someone could provide some guidance on how to approach the topic with
the plumber if he does in fact send me a bill.
Any and all replies will be greatly appreciated. Thanks.
Nick
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Posted by Toddro on January 14, 2009, 5:38 pm
> Hi. I very recently noticed some mold in the den under the master
> bathroom. The mold was up by the ceiling where it meets the wall -
> tthe tub is above that so I knew it wasn't good. The bathroom above
> was remodeled about four years ago and all of the plumbing was
> replaced.
> Any and all replies will be greatly appreciated. Thanks.
> Nick
You answered your own question.
No contract, and _usually_ there is a one year warranty. Now, 4 years later
you discover a leak.
Who is to say, you didn't have a heat failure, and the cold started to
burst the pipes there. Who is to say, someone didn't puncture the plumbers
work with a drywall screw.
Your thinking the plumber is some how responsible 4 years later, is utterly
ludicrous.
Quit being an ass.
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Posted by on January 14, 2009, 6:08 pm
>> Hi. I very recently noticed some mold in the den under the master
>> bathroom. The mold was up by the ceiling where it meets the wall -
>> tthe tub is above that so I knew it wasn't good. The bathroom above
>> was remodeled about four years ago and all of the plumbing was
>> replaced.
>> Any and all replies will be greatly appreciated. Thanks.
>> Nick
>You answered your own question.
>No contract, and _usually_ there is a one year warranty. Now, 4 years later
>you discover a leak.
>Who is to say, you didn't have a heat failure, and the cold started to
>burst the pipes there. Who is to say, someone didn't puncture the plumbers
>work with a drywall screw.
>Your thinking the plumber is some how responsible 4 years later, is utterly
>ludicrous.
>Quit being an ass.
What would I do? I'd call the plumber and tell him I've got it all
opened up and have found a foulty solder joint. Would he like to come
and redo it for me ? I'd tell him I'm not holding him responsible for
the damage done but would appreciate if he'd make good on the actual
plumbing repair.
My guesss is if he's any kind of a man at all he'll agree and look
after it. .
Either that or I'd just fix it myself - since I'm capable and have all
the required tools.
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Posted by ransley on January 14, 2009, 8:17 pm
On Jan 14, 5:08=A0pm, cl...@snyder.on.ca wrote:
.
> >> Hi. =A0I very recently noticed some mold in the den under the master
> >> bathroom. =A0The mold was up by the ceiling where it meets the wall -
> >> tthe tub is above that so I knew it wasn't good. =A0The bathroom above
> >> was remodeled about four years ago and all of the plumbing was
> >> replaced.
> >> Any and all replies will be greatly appreciated. =A0Thanks.
> >> Nick
> >You answered your own question.
> >No contract, and _usually_ there is a one year warranty. Now, 4 years la=
ter
> >you discover a leak.
> >Who is to say, you didn't have a heat failure, and the cold started to
> >burst the pipes there. Who is to say, someone didn't puncture the plumbe=
rs
> >work with a drywall screw.
> >Your thinking the plumber is some how responsible 4 years later, is utte=
rly
> >ludicrous.
> >Quit being an ass.
> What would I do? I'd call the plumber and tell him I've got it all
> opened up and have found a foulty solder joint. Would he like to come
> and redo it for me ? I'd tell him I'm not holding him responsible for
> the damage done but would appreciate if he'd make good on the actual
> plumbing repair.
> My guesss is if he's any kind of a man at all he'll agree and look
> after it. .
> Either that or I'd just fix it myself - since I'm capable and have all
> the required tools.- Hide quoted text -
> - Show quoted text -
True, and if he bills you a big bill you will know what type of guy
he is. Or he may not and you will call him back. 4 years is to long a
time to want compensation.
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Posted by dpb on January 14, 2009, 5:58 pm
...
> If he does send me a bill, what do I do? =A0Do I just pay it without
> question? =A0Pay it and give him the bill for the other repair work
> necessitated by the leak? =A0...
If you didn't discuss it at the time (of the repair), you pay the bill
and go on.
Since it was his work, he may have realized he did have a cold solder
joint and not bill it but I'd not count on it after four years nor
would I expect him to negate the bill once sent if it wasn't discussed
at the time of the repair as noted.
As for the access work repair cost, I'd not expect him to bear any of
that cost at this time.
--
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> bathroom. The mold was up by the ceiling where it meets the wall -
> tthe tub is above that so I knew it wasn't good. The bathroom above
> was remodeled about four years ago and all of the plumbing was
> replaced.
> Any and all replies will be greatly appreciated. Thanks.
> Nick