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mawan

Junior Member
What is the name of your state (only U.S. law)? Washington DC

The insurance company for my condominium building denied our claim to pay for replacement of the HVAC because our unit was damaged as a result of the work caused to be done by the Board of Directors by hiring the plumbers to fix HVAC condensation water leaking pipes that were beneath the ground surface (I am on ground level).

I would like to know what are my options to pursue further on this case (in terms of civil court) with respect to HVAC and other damages due to massive water leak? Does it make sense to ask them a re-review/appeal of their internal decision process? The leak was a result of negligence by fishy plumber (the condo management) who patched cement on top of the broken pipe and it burst eventually)?
Additionally, my wife had knee injury as a result of the unsafe condition of the repairs over the 6 month period.

Admittedly, they had offered the cost of the A/C unit as a compensation but failed to consider including anything else that is our carpet flooring w/installation that was installed just a month before the water leaks, putting up the Drywalls etc., and few other particulars such as the laptop that was on the floor at the time of water leak. They denied the case entirely.

I have skipped much of the details which is documented with pictures, series of events of inefficiency of the management. Since this affected the two bedrooms we slept on the floors with all clothing and everything for almost 3 months. Here is what one lawyer told me:
"Pursuant to Article V, Section 4(a)(4-5) of the Bylaws, the Association is liable for the repair and replacement of any part of a Unit damaged by such work as may be done or caused to be done by the Board of Directors. You may be able to make the argument that the Association is liable for the replacement of the HVAC because your unit was damaged as a result of the work caused to be done by the Board of Directors by hiring the plumbers. "

Thank you
 


What is the name of your state (only U.S. law)? Washington DC

The insurance company for my condominium building denied our claim to pay for replacement of the HVAC because our unit was damaged as a result of the work caused to be done by the Board of Directors by hiring the plumbers to fix HVAC condensation water leaking pipes that were beneath the ground surface (I am on ground level).

I would like to know what are my options to pursue further on this case (in terms of civil court) with respect to HVAC and other damages due to massive water leak? Does it make sense to ask them a re-review/appeal of their internal decision process? The leak was a result of negligence by fishy plumber (the condo management) who patched cement on top of the broken pipe and it burst eventually)?
Additionally, my wife had knee injury as a result of the unsafe condition of the repairs over the 6 month period.

Admittedly, they had offered the cost of the A/C unit as a compensation but failed to consider including anything else that is our carpet flooring w/installation that was installed just a month before the water leaks, putting up the Drywalls etc., and few other particulars such as the laptop that was on the floor at the time of water leak. They denied the case entirely.

I have skipped much of the details which is documented with pictures, series of events of inefficiency of the management. Since this affected the two bedrooms we slept on the floors with all clothing and everything for almost 3 months. Here is what one lawyer told me:
"Pursuant to Article V, Section 4(a)(4-5) of the Bylaws, the Association is liable for the repair and replacement of any part of a Unit damaged by such work as may be done or caused to be done by the Board of Directors. You may be able to make the argument that the Association is liable for the replacement of the HVAC because your unit was damaged as a result of the work caused to be done by the Board of Directors by hiring the plumbers. "

Thank you
You may be able to prevail in a lawsuit against either the HOA, its Board of Directors and possibly the plumber who came in to do the repairs and damaged other items in the property in the course of his negligence.

I would urge you to choose your battles wisely. Yes, the carpet might be valid if water leaked all over it, but it would not be considered commonplace to leave a laptop computer on the ground so if you put that in there a judge might view you as being unreasonable. Try to separate yourself from your anger for a bit and pick the things you most want to sue over, try to make these items worth less than a total of $5,000 as this is the small claims limit in DC and sue them in small claims court.

Do not attempt to sue for every little tchotchke that had water on it, your laptop which instead of putting on top of your lap you put on the floor, emotional distress, etc. Including these types of claims will not help your cause.
 

festival

Member
Make a claim to your own condo owner's insurance. Your insurance will cover your damages, and if there is a case they will pursue it with the condo building's insurance company.

Talk to some real plumbers or building inspectors or licensed engineers to see how the repair is supposed to be done and if they think the original repair was incompetent. Concrete is known to have a corrosive effect on metal pipes, so pipes should be properly protected by plastic sleeves. Find out if any other pipes were ever repaired in other units, what plumbers were used, and how it was handled there. Prove negligence with experts, then you will have a case.
 

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