closet contractor caused water damage, blames original builder
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?
Comments (11)
DeWayne
2 months agolast modified: 2 months agoRelated Discussions
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Comments (14)The original builder is at fault. The original building inspector failed to catch this. The supply line should be running through the center of the bottom plate. The metal protectors are required at all penetrations through studs, top plates and bottom plates, as well as joists, when there is less than 1.25" of wood surrounding the pipe. The fact that this occurred one time before, when the deck contractor screwed into the waste pipe, leads one to believe that the original builder ddidn't simply miss one or two protector plates. He neglected to protect ANY of the pipes with metal plates. The inspector was also lame or absent, because he did not catch this during the original build. Pipe protectors were still required way back in 1991. Now that you know the original builder did very careless plumbing work, make sure that every contractor in the future knows of this problem. Only then can you blame them for penetrating the pipes, and still it won't be their fault unless you have them remove the drywall as part of the job. The deck contractor was not at fault, he just did the repair out of good faith in order to keep you as a happy client. Unfortunately that experience led you to believe that this sort of thing is the new contractor's responsibility, when it's really the original builder's....See MoreHaving a problem with town / water company..
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HU-291315178
2 months agobry911
2 months agoIs 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.
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2 months agolast modified: 2 months agolharpie
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