closet contractor caused water damage, blames original builder

last year

I hired a contractor to install shelves for our master bedroom closets last month. While they were removing the baseboard, the nail attached to the baseboard punctured the fire sprinkler pipe behind the dry wall and caused water damage. I was present when the pipe burst. Total repairs were ~ $4000 including drying out water, fire sprinkler pipe repair, and drywall patch/paint.

The contractors blamed the initial homebuilder for putting that nail there. However, I've asked both the pipe repair and water restoration guys whether the pipe was punctured and leaked prior to the removal of the baseboards and both said not likely. There should have been signs of water damage for a house built in 2013 had the pipe been punctured. The house was purchased last summer and the inspector found no signs of water damage during the inspection at that time. I'm 99% sure the previous homeowner did not modify the closets.

Personally, I think what most likely happened was the nail was probably nailed very close to the pipe during the construction of the house and the closet contractors "wiggled" the baseboard while trying to remove it, causing the nail to puncture the pipe.

Things I've tried:

negotiated with contractor to see if they would be willing to cover 50% of the repair - they declined
filed a home warranty claim with the original builder - they denied since third-party contractor was hired to modify closets
contacted home insurance - did not proceed since my deductible was ~$4000 and the claim might raise my rates

I proceeded to let them finish the closets today and a friend suggested to write them check for the project balance minus the total cost of the repairs and let them sue in small claims court.

Who's really at fault here? Should I counter sue the original builder?

Featured Answer

cat_ky

last year

Since house is from 2013 , which is 10 yrs ago, the builder should no longer be responsible for it. I think the nail went into the pipe when baseboard was put in, and the nail itself blocked it from leaking. Once baseboard and nail were removed you got a leak. I honestly dont believe that either can or should be held responsible. Its just something that unfortunately happened. The builder wouldnt have known there was a pipe there. The contractor removing the baseboard, sure wouldnt have known. That pipe wasnt visible when putting on the baseboard, nor when it was removed. Suing someone will get you nowhere, because, neither is responsible.

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Comments (10)

DeWayne
last year
last modified: last year
You do not puncture pipes with a "wiggle". It takes a large amount of force. Like a nail gun. I concur that this happened during the build and is not the present contractor's fault. It is the Univers at Large's fault. The very definition of what your own insurance was designed to cover. But since your damages equal your deduction, you pay for the damages. Do not even for one minute think about docking the current contractor's payments. Good way to end up with a lien on your home.
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bry911
last year
Is that the hole in the pipe?

If that is, then pay the contractor... Don't make him sue you or put a mechanic's lien on your property for something that very likely isn't his fault. It sucks that it happened to you, but even if that is not the hole, it is unlikely that the contractor was negligent when removing the baseboard and therefore is likely to prevail.
PRO
Joseph Corlett, LLC
last year
You got screwed on your deductible. Had they done $20,000.00 worth of damage, your homeowners insurance would have paid the claim, then subrogated it to your closet contractor's insurance company. Then dropped him after promising not to.

I'd rattle his insurance company's cage. It may be less expensive to cut you a check than for them to battle your lawyer over 4K.
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Jeffrey R. Grenz, General Contractor
last year
My father, a builder for many decades discovered a leak in his own bathroom copper plumbing from a drywall nail at least a decade prior. Took a while for the two metals to cause a failure. Plastic pipe could have sealed around the unprotected pipe. Builders only protect pipes as they go thru lumber.

You need to pay the closet builder and hope they don't charge you for the extra emergency work.
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Adama Engineering
last year
The closet builder’s lien on your property will be upheld. He did not cause the issue. He only had the unfortunate role of discovering it. Pay him before it costs you way more for lawyers and court costs.
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Charles Ross Homes
last year
On a remodeling project in a 7-year old home we were asked to repair problem areas in the hardwood floor on both sides of an interior wall (they were black and rotted, but dry at time of our investigation.) We opened up the wall to find the source of the problem and found the trim carpenter had shot a trim nail through a copper water line. The leak opened up over time and went undetected. It happens.
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HALLETT & Co.
last year
My last house had the vanity light screwed to the sewer line, it sealed when screwed in. In this case there should have been a nail flange to prevent it from happening ten years ago but the one person not to blame is the closet guy.
ci_lantro
last year
last modified: last year
That nail into the water line was a disaster waiting to happen. You should be thankful that it was discovered when it was and not after you arrived home from a two week trip.

The contractors blamed the initial homebuilder for putting that nail there. However, I've asked both the pipe repair and water restoration guys whether the pipe was punctured and leaked prior to the removal of the baseboards and both said not likely. There should have been signs of water damage for a house built in 2013 had the pipe been punctured

None of the aforementioned ever met my dad. Dad was known to use a sheet metal screw to repair a punctured tubeless tire on his car.
lharpie
last year
Sounds like either it was there to start or was dangerously close , neither of which is due to negligence on your contracters part. if the same issue would likely happen if you or anyone else did the work i’m not sure why your contractor should have to foot the bill….

closet contractor caused water damage, blames original builder

cat_ky

Comments (10)

DeWayne

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