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Ex husband did faulty remodel

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What is the name of your state? California
In the divorce agreement my ex husband was required to finish our homes remodel. The last thing on his list was to replace the window in the shower. It turns out that the window in the shower has been leaking into the wall for around 5 years now and is going to cost me thousands to repair and clean up all the black mold.
Is my ex husband responsible for this?
 
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Ohiogal

Queen Bee
What is the name of your state? California
In the divorce agreement my ex husband was required to finish our homes remodel. The last thing on his list was to replace the window in the shower. It turns out that the window in the shower has been leaking into the wall for around 5 years now and is going to cost me thousands to repair and clean up all the black mold.
Is my ex husband responsible for this?
Is your ex a professional contractor?
 

justalayman

Senior Member
I’m going to go with no. You yourself said the last thing on his list is replace a window. The work you speak of is not part of replacing a window.

Repair such as you describe would not be included in an estimate for a remodel unless the estimator had some reason to believe there was such an issue. As such, it would not be within the scope of work a contractor would have bid. It would be an “extra”.

There is no reason your ex should be held to work not anticipated at the time of the divorce.
 

xylene

Senior Member
This is damage that took over 5 years to become apparent.

You have no case, you can't establish a faulty install of the window.
 
I’m going to go with no. You yourself said the last thing on his list is replace a window. The work you speak of is not part of replacing a window.

Repair such as you describe would not be included in an estimate for a remodel unless the estimator had some reason to believe there was such an issue. As such, it would not be within the scope of work a contractor would have bid. It would be an “extra”.

There is no reason your ex should be held to work not anticipated at the time of the divorce.
This is damage that took over 5 years to become apparent.

You have no case, you can't establish a faulty install of the window.
When did you divorce? Were you living in the house 5 years ago? When did you move back in?
I have never left the house. And yes it’s taken 5 years to find the leak and mold. The window he was replacing was in the shower. The leak is right under the window.
 
I’m going to go with no. You yourself said the last thing on his list is replace a window. The work you speak of is not part of replacing a window.

Repair such as you describe would not be included in an estimate for a remodel unless the estimator had some reason to believe there was such an issue. As such, it would not be within the scope of work a contractor would have bid. It would be an “extra”.

There is no reason your ex should be held to work not anticipated at the time of the divorce.
When he replaced the window he must not have sealed it correctly making him at fault for the damage.
 

justalayman

Senior Member
When he replaced the window he must not have sealed it correctly making him at fault for the damage.
Did he install the window 5 years ago and is now replacing it for the remodel?


Even if so, he is still only obligated to install the window under your divorce order. If you have a claim under the 5 year old install you’ll have to sue him under a separate claim if he is not willing to do the work now. Unless you have an actual written warranty for the prior work, he is not liable for the work.
 
Did he install the window 5 years ago and is now replacing it for the remodel?


Even if so, he is still only obligated to install the window under your divorce order. If you have a claim under the 5 year old install you’ll have to sue him under a separate claim if he is not willing to do the work now. Unless you have an actual written warranty for the prior work, he is not liable for the work.
He replaced the window 5 years ago.
I guess I’ve always thought if someone does work for you and they do it wrong, causing major damage in the long run they should fix it but....your saying that’s not the case. Right?
 

Ohiogal

Queen Bee
He replaced the window 5 years ago.
I guess I’ve always thought if someone does work for you and they do it wrong, causing major damage in the long run they should fix it but....your saying that’s not the case. Right?
If he was a licensed contractor it would be possible that he would be liable. Hence my question. But he isn't. Hence he is no more than a handyman
 

not2cleverRed

Obvious Observer
He replaced the window 5 years ago.
I guess I’ve always thought if someone does work for you and they do it wrong, causing major damage in the long run they should fix it but....your saying that’s not the case. Right?
Look at it this way: this is the world's way of reminding you why you're no longer with him. Think of how many "jobs" he might have done on the house during the past 5 years if you were still together.
 
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