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Question about plumber's responsibility for a leak that didn't show up right away Handplanes 01-14-2009
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Posted by Bubba on January 15, 2009, 3:34 pm
wrote:

>I would not expect it to be covered.
>> 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
Ok Nick, let me run this by you. Lets pretend I'm the plumber.
Here is what I say:
1) Sorry Nick, I never did any work here. Prove it.
2) Sorry Nick, You didn't want a contract
3) Sorry Nick, My work is warranted for only 1 yr.
Oh, and here is my favorite.........
4) Sorry Nick, I know that in the evening while your wife is at work,
I've heard you have been having intimate encounters with a 400lb woman
that likes to take long hot showers with you. With the weight of the
tub, water, you and her, the movement has caused the piping to stress
and move. Sorry bout cher luck.
Bubba

Posted by on January 16, 2009, 10:54 am
I don't think the plummer should charge for this repair, he/she should
stand behind the work; especially if the joint looked questionable.
Copper pipe assemblies that are going to be covered by drywall should
be expected to last a long time.

Posted by Art on January 16, 2009, 8:36 pm
Handplanes wrote:
> 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

Why don't you call the plumber back to take look at it and see what he
says. Only he can tell you if he'll fix it at no charge.

--
Art

Posted by hallerb@aol.com on January 16, 2009, 10:06 pm
> Handplanes wrote:
> > Hi. =EF=BF=BDI very recently noticed some mold in the den under the mas=
ter
> > bathroom. =EF=BF=BDThe mold was up by the ceiling where it meets the wa=
ll -
> > tthe tub is above that so I knew it wasn't good. =EF=BF=BDThe 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. =EF=BF=BDT=
he T
> > was leaking where the horizontal line came in. =EF=BF=BDI don't know ho=
w 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. =EF=BF=BDYou 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. =EF=BF=BDWhe=
n 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? =EF=BF=BDI 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. =EF=BF=BDIn 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? =EF=BF=BDI'm not particular=
ly
> > concerned about the sheetrock, painting and the few tiles I had to
> > remove at the tub to access the plumbing. =EF=BF=BDIt's more of a quest=
ion 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. =EF=BF=BDI thought that he would take care of the repair =
since
> > his work caused the problem and I would not be billed. =EF=BF=BDIn retu=
rn 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. =EF=BF=BDIn 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? =EF=BF=BDDo I just pay it with=
out
> > question? =EF=BF=BDPay it and give him the bill for the other repair wo=
rk
> > necessitated by the leak? =EF=BF=BDI really have no idea what legal are=
a 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. =EF=BF=BDI =
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. =EF=BF=BDThanks.
> > Nick
> Why don't you call the plumber back to take look at it and see what he
> says. Only he can tell you if he'll fix it at no charge.
> --
> Art- Hide quoted text -
> - Show quoted text -

the plumber already fixed it but no bill yet, around here the bill is
presented at coompletion of the job

Posted by Art on January 18, 2009, 1:22 pm
hallerb@aol.com wrote:
>> Why don't you call the plumber back to take look at it and see what he
>> says. Only he can tell you if he'll fix it at no charge.
>> --
>> Art
>
> the plumber already fixed it but no bill yet, around here the bill is
> presented at coompletion of the job

Did you discuss it with him? If not then you should get a bill.
Why would he fix it it for free if you don't even ask?
A rational person would have a conversation about these things before
the work is done. That conversation should be with the plumber not a
bunch of people on usenet.
--
Art

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