I have a home built in 1978. A contractor was hired to replace the floor in the upstairs bathroom and add tile. Apparently the plumbing code has changed since then and the contractor was using nails for the cement board based on today’s building code and punctured a hole in the plumbing. He immediately knew he hit a pipe but claimed that the pipes were too close to the floor and it wasn’t his fault. The contractor has completely denied negligence saying it isn’t his fault that the pipes were located where they were. I say, how was I suppose to know, I’m just the homeowner, not the expert. There was over $20K in damage to the house from the water leak. My homeowner’s insurance covered about half of the damage. I would like to be compensated from the contractor for the remaining money that I have lost but they continue to deny negligence. Any thoughts? Would I have a case in small claims court? Is the contractor negligent?
Sorry but only the original plumber ,and or builder can be held responsible here in this situation in my opinion. There is no way to way he could have known that a pipe was /is to close to the flooring. Now you said he knew right away that he had hit it. Now that he might be held responsible for just some of the damage , since water should ve been shut down and work stop and have it fixed w/ minimal damage. And that , homeowners insurance should ve covered. Now , how long was the nail? If using 1/2″ cement board, all you need is an 1 1/2″ nail, which will just barely go thru the subflooring. Sticky situation for all. I wish you luck. GL
if you go to small claims court you will not be able to re coop the full amount however i think you have a case he knew or should have known about the pipes he IS a contractor
no the contractor is not resp..stuff happens in years of use—1978 was a long time ago
Interesting dilemma, but I would have to disagree with the others because the plumber is responsible.
1978 is NOT that long ago, and plumbers who are in the business of plumbing should know what to expect when dealing with homes that predate current plumbing code. Certainly they run across this all the time as they update plumbing fixtures, and make repairs on other homes. I have a 130 year old house, and the plumber I use knows exactly what he can expect to find beneath the walls and floor ~ because he’s seen it in other homes a million times before. He anticipates what’s there, and makes a decision based on his professional experience. This is why he gets paid $150 an hour…to do the job right.
Licensed plumbers carry insurance & liability with this sort of thing, and I am really surprised your own home owners insurance didn’t take it up with the plumber’s insurance. The $10,000 in remaining damage is too high for small claims court, so what you’ll have to do is retain an attorney and sue him instead. Be sure you hire an attorney familiar with construction.
In the future, when you call around for bids and referrals for plumbers, electricians, etc…be sure to ask if the tradesmen is familiar with 1978 construction. This should prevent a repeat of this problem in the future.
The contractor’s general liability insurance should cover this. If the contractor doesn’t have insurance, he should be responsible. This is exactly the reason contractors need to have insurance to work on somebody’s house. The fellow who put the nail through the pipe and/or the contractor he was working for is the responsible party and he or his insurance company should be covering the damage. I am surprised your homeowners insurance picked up any of the cost.