Contractor Negligence: is contractor liable for costs to identify problem?

[bpwald]

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

We hired a contractor to do work in our home. Several months after the work, we experienced a leak that caused us to hire people to take up the floor and remove some drywall in order to expose a pipe that had been damaged by our contractor Contractor admitted that the damage was caused by him and repaired the work (drywall and flooring and painting) at his cost.

Here's the question... we paid $750 for the people who took up the floor and identified (and fixed) the damaged pipe. This was necessary for damage mitigation and problem identification.

Is contractor liable to reimburse us for these costs?

 

[TheGeekess]

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

We hired a contractor to do work in our home. Several months after the work, we experienced a leak that caused us to hire people to take up the floor and remove some drywall in order to expose a pipe that had been damaged by our contractor Contractor admitted that the damage was caused by him and repaired the work (drywall and flooring and painting) at his cost.

Here's the question... we paid $750 for the people who took up the floor and identified (and fixed) the damaged pipe. This was necessary for damage mitigation and problem identification.

Is contractor liable to reimburse us for these costs?

Didn't you ask this question less than a month ago?
https://forum.freeadvice.com/construction-renovation-41/contractor-negligence-drywall-screw-found-pipe-581611.html#post3072699

 

[latigo]

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

We hired a contractor to do work in our home. Several months after the work, we experienced a leak that caused us to hire people to take up the floor and remove some drywall in order to expose a pipe that had been damaged by our contractor Contractor admitted that the damage was caused by him and repaired the work (drywall and flooring and painting) at his cost.

Here's the question... we paid $750 for the people who took up the floor and identified (and fixed) the damaged pipe. This was necessary for damage mitigation and problem identification.

Is contractor liable to reimburse us for these costs?

(I don't especially care how many times you've posted the question or what if any responses received. This is my first blush with it.)

The first question that might surface is whether or not the original workman was first given a reasonable opportunity to correct his mistakes. Which is generally held as a condition precedent to holding the original responsible to reimburse for the cost of someone else correcting those mistakes.

But I don’t see that principle applicable here inasmuch as his errors were latent and could only be identified by incurring the expense as indicated.

It is quite commonly known that water leaking from hidden household piping can migrate to many places and the first evidence of it is not necessary at or near its source.

 

[bpwald]

Same situation, different problem

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

We hired a contractor to do work in our home. Several months after the work, we experienced a leak that caused us to hire people to take up the floor and remove some drywall in order to expose a pipe that had been damaged by our contractor Contractor admitted that the damage was caused by him and repaired the work (drywall and flooring and painting) at his cost.

Here's the question... we paid $750 for the people who took up the floor and identified (and fixed) the damaged pipe. This was necessary for damage mitigation and problem identification.

Is contractor liable to reimburse us for these costs?

The contractor did (with the help of pressure from local consumer affairs official) correct the damage last week. (replace floors, drywall, paint).

This is a new question. Is he responsible for reimbursing us cause to diagnose latent problem which at first did not appear to be related to his work.

 

[LdiJ]

The contractor did (with the help of pressure from local consumer affairs official) correct the damage last week. (replace floors, drywall, paint).

This is a new question. Is he responsible for reimbursing us cause to diagnose latent problem which at first did not appear to be related to his work.

Maybe, but I think that it might cost you more than that in time, aggravation and money than what you would receive for it...and then you would have to figure out how to collect a judgement from him.

 

[latigo]

The contractor did (with the help of pressure from local consumer affairs official) correct the damage last week. (replace floors, drywall, paint).

This is a new question. Is he responsible for reimbursing us cause to diagnose latent problem which at first did not appear to be related to his work.

It is not new to me. But perhaps I should have made my first response more explicit. YES!

And again because it was a cost that directly flowed from his negligence, which was discoverable only by incurring the subject expense.

You are out of pocket $750 and you are entitled to be reimbursed. So don’t be discouraged in seeking legal redress by negative words as heretofore expressed in this thread.

I’m confident that you need not be reminded of some of life’s lesser obstacles.