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Posted by on November 25, 2006, 8:16 pm
I bought an old home a few years ago in which many things were not up
to code. I had a contractor in to do some remodeling, and in the
course of the trim work, he put a finish nail into a copper plumbing
pipe. Apparently the nail sealed the hole for a while, but just in the
past 3 months it started to leak. I fixed the problem myself and there
wasn't much damage.
I called the contractor and he claimed since the copper pipe wasn't
centered in the stud, and thus not done to code, he wasn't responsible.
I feel that since it wasn't leaking before he started working on the
house, and it was his nail that caused the leak, he is ultimately
responsible regardless of whether the plumbing was to code or not. I
am hoping to settle this dispute and I haven't been able to find any
authoritative legal precedent. Does anyone have any ideas on this?
Many Thanks,
Kevin
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Posted by TakenEvent on November 25, 2006, 9:01 pm
> I bought an old home a few years ago in which many things were not up
> to code. I had a contractor in to do some remodeling, and in the
> course of the trim work, he put a finish nail into a copper plumbing
> pipe. Apparently the nail sealed the hole for a while, but just in the
> past 3 months it started to leak. I fixed the problem myself and there
> wasn't much damage.
>
> I called the contractor and he claimed since the copper pipe wasn't
> centered in the stud, and thus not done to code, he wasn't responsible.
> I feel that since it wasn't leaking before he started working on the
> house, and it was his nail that caused the leak, he is ultimately
> responsible regardless of whether the plumbing was to code or not. I
> am hoping to settle this dispute and I haven't been able to find any
> authoritative legal precedent. Does anyone have any ideas on this?
>
This doesn't just happen on old houses. I did the same thing a few months
ago in a newer-ish house when installing some trim along the ceiling in a
bathroom. Not only was the copper pipe not centered in the wall (or the top
plate, which is where I hit it), it was fastened to a stud immediately next
to the drywall. In the course of fixing the leak - yes, I fixed it - I
discovered that when the installers attached the vanity to the wall, they
also hit the pipe; their nail glanced off to the side, though.
Probably, your contractor doesn't want to pay for the damages because he
wasn't given a chance to do the repairs himself. In all likelihood, he, as
the omnipotent contractor, could have done it cheaper than you did, being a
mere homeowner. If that is the case, he should at least pay you something
for the repair work.
If there wasn't much damage done, he should be jumping through hoops to make
sure you're happy because it wouldn't cost him much. Now it's costing him
future work from you and any referrals you might have sent his way.
If you were asking him to pay several thousand dollars, which is easy when
there's water damage, he might want to gripe and groan about it. He should
be complaining that he should have been allowed to do the repairs, though,
not griping about grandfather laws.
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Posted by Steve B on November 25, 2006, 9:38 pm
In all likelihood, he, as
> the omnipotent contractor, could have done it cheaper than you did, being
> a
> mere homeowner.
What, exactly, does that mean?
Steve
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Posted by TakenEvent on November 27, 2006, 9:04 am
>
>
> In all likelihood, he, as
> > the omnipotent contractor, could have done it cheaper than you did,
being
> > a
> > mere homeowner.
>
> What, exactly, does that mean?
>
Contractors have the tools, the experience, the resources, and the contacts
to get jobs done faster than the average homeowner can. Time is money.
Bearing that in mind, would you rather pay somebody to do something you're
capable of doing or do it yourself? Which will cost you more? That
depends, of course, but I'm sure in this case the contractor would rather
have the option to do it himself rather than just be handed a bill for work
that's been done by somebody else.
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Posted by Steve B on November 25, 2006, 9:43 pm
I fixed the problem myself and there
>> wasn't much damage.
Does anyone have any ideas on this?
>>
Yes. You definitely need to get out more. Get a life. You had a problem.
You fixed it. Move on. You're an adult..................... COPE!
What would make you feel better? Going over and shooting the guy? Be my
guest. Other than that, go on to the next thing, learn to pay closer
attention to workmen in your home, and be thankful you got off cheap.
STeve
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