Contractor Negligence

[lefty1970]

In late 2002, the former owners of my townhome hired a general building contractor (sole ownership) to perform extensive kitchen and living room remodeling, which included plumbing and electrical. Less than 6 months later, I purchased this property. Fast forward to two weeks ago - I moved my stove forward to clean the floor and noticed mushy drywall. After hiring a plumber, the source of the problem was found: when the contractor reinstalled an overhead microwave, he drilled 4 holes into a drain pipe, perhaps believing it was an adjacent stud. Over the period of several years, these holes contributed to small leaks. After the drain pipe was repaired, I filed a claim with my insurance company and used one of their preferred vendors to repair the damage. The estimate includes removal of one of my kitchen walls, cabinets, a granite countertop and multiple backsplash tiles to 1) eliminate mold which has permeated that entire wall, and 2) rebuild everything back to its original condition (to the best of their ability). My insurance doesn't cover the plumber's work, but does cover a lion's share of the contractor's work. Total damages (including the plumber's work) is approximately $12,000. Ironically, the 2002 contractor only charged $10,000 for the work he performed.

Needless to say, this experience has inconvenienced me a great deal. I've spent almost a week removing all kitchen items for the contractors to begin their work, and will be displaced from my home for the better part of a week once they begin. Then, after the mold portion is completed, it will be several weeks until my kitchen is restored to its original condition. Luckily, lodging costs aren't a issue, as I'm able to stay at a family members' nearby apartment.

I recently learned the 2002 contractor did not file a permit with the city to perform this work. Even though his business license is active until November 2012, the state license board's website shows it is inactive. In addition, his his worker's comp insurance was canceled in February 2008 and contractor's bond in September.

I am considering an attorney for restitution, and I don't plan on pursuing punitive damages, since (from my research), many courts dismiss these claims. Two questions, then:

1. Is this case worth my while?
2. What can I reasonably expect as far as damages?

Thank you, in advance, for your help!

[HomeGuru]

Originally Posted by lefty1970

In late 2002, the former owners of my townhome hired a general building contractor (sole ownership) to perform extensive kitchen and living room remodeling, which included plumbing and electrical. Less than 6 months later, I purchased this property. Fast forward to two weeks ago - I moved my stove forward to clean the floor and noticed mushy drywall. After hiring a plumber, the source of the problem was found: when the contractor reinstalled an overhead microwave, he drilled 4 holes into a drain pipe, perhaps believing it was an adjacent stud. Over the period of several years, these holes contributed to small leaks. After the drain pipe was repaired, I filed a claim with my insurance company and used one of their preferred vendors to repair the damage. The estimate includes removal of one of my kitchen walls, cabinets, a granite countertop and multiple backsplash tiles to 1) eliminate mold which has permeated that entire wall, and 2) rebuild everything back to its original condition (to the best of their ability). My insurance doesn't cover the plumber's work, but does cover a lion's share of the contractor's work. Total damages (including the plumber's work) is approximately $12,000. Ironically, the 2002 contractor only charged $10,000 for the work he performed.

Needless to say, this experience has inconvenienced me a great deal. I've spent almost a week removing all kitchen items for the contractors to begin their work, and will be displaced from my home for the better part of a week once they begin. Then, after the mold portion is completed, it will be several weeks until my kitchen is restored to its original condition. Luckily, lodging costs aren't a issue, as I'm able to stay at a family members' nearby apartment.

I recently learned the 2002 contractor did not file a permit with the city to perform this work. Even though his business license is active until November 2012, the state license board's website shows it is inactive. In addition, his his worker's comp insurance was canceled in February 2008 and contractor's bond in September.

I am considering an attorney for restitution, and I don't plan on pursuing punitive damages, since (from my research), many courts dismiss these claims. Two questions, then:

1. Is this case worth my while?
2. What can I reasonably expect as far as damages?

Thank you, in advance, for your help!

**A: it appears that you may have a case against the Seller and their contractor. Did you file a claim with your insurance carrier?

[lefty1970]

Did you file a claim with your insurance carrier?

Thank you for your reply!

As I mentioned in my post, as soon as the plumber determined the cause of the leak, I filed a claim. Unfortunately, my policy doesn't cover the cost of his services.

I didn't consider the sellers could also be liable; I thought they might be exonerated since the leak wasn't listed on the property inspection report.

Do you have any advice for my second question?

[HomeGuru]

Originally Posted by lefty1970

Thank you for your reply!

As I mentioned in my post, as soon as the plumber determined the cause of the leak, I filed a claim. Unfortunately, my policy doesn't cover the cost of his services.

I didn't consider the sellers could also be liable; I thought they might be exonerated since the leak wasn't listed on the property inspection report.

Do you have any advice for my second question?

**A: then what does your policy cover?

[lefty1970]

Thanks for your help...I just contacted an attorney, and gave him all the info. The suit is actually against the seller, since I didn't hire the contractor. I just need to find where they are now...a challenge, since I bought the place in early '03.