Is contractor responsible if damage is done during renovation in older home?

Janet Z

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?