Who is liable for personal properties in a new built house (Builder or home owner insurance ?

[stanley670]

What is the name of your state?CO


Just recently moved into our new built house for about 3 months and our finished basement was flooded due to clogged sewage pipe with debris, sands and tree leafs ( I suspect negligence is playing here due to our adjacent house was doing new foundation, new plumping and sewage pipes). Contacted the builder and they immediately sent people cleaning up. My question are . First, what is the usual time frame a Builder would fixed our basement dry-wall and carpets ( it's been 8 weeks in this case, but nothing have done yet) ?

Secondly, who is liable for our personal properties like new TV, computer Monitor, Oriental rugs, etc....etc...., which we placed on the basement floor ? Our Builder had already declined the reimbursement of personal properties due to their Limited Warranty Policy, but referred us to claim our own home insurance. Lastly, we had signed the arbitrary contract at closing with our builder, does this limit our seeking legal aid. Also, it seem like we were the only house that got flooded after we 'd asked other owners around here. Any helps and advises are greatly appreciated. Thanks

 

[LdiJ]

What is the name of your state?CO


Just recently moved into our new built house for about 3 months and our finished basement was flooded due to clogged sewage pipe with debris, sands and tree leafs ( I suspect negligence is playing here due to our adjacent house was doing new foundation, new plumping and sewage pipes). Contacted the builder and they immediately sent people cleaning up. My question are . First, what is the usual time frame a Builder would fixed our basement dry-wall and carpets ( it's been 8 weeks in this case, but nothing have done yet) ?

Secondly, who is liable for our personal properties like new TV, computer Monitor, Oriental rugs, etc....etc...., which we placed on the basement floor ? Our Builder had already declined the reimbursement of personal properties due to their Limited Warranty Policy, but referred us to claim our own home insurance. Lastly, we had signed the arbitrary contract at closing with our builder, does this limit our seeking legal aid. Also, it seem like we were the only house that got flooded after we 'd asked other owners around here. Any helps and advises are greatly appreciated. Thanks

You make a claim with your own insurance and let them go after the builder if they think its appropriate.

 

[justalayman]

This is not a warranty issue unless something the contractor built is at fault. It could be a negligence issue which would make the warranty issue moot. If the builder was negligent in their actions and caused the issue, they would be liable for the resulting damages.

So, before expecting anything from the builder either base on a warranty or tort, you will need to discover what actually caused the problem. If the builder is not at fault under a warranty claim nor under a tort claim based on negligence, the builder simply owes you nothing.


I’m not clear on what the neighbor was doing and why but if what they are doing has caused your issues, it is they who would be liable. Your builder would be free from any claims in that case.

 

[adjusterjack]

First, what is the usual time frame a Builder would fixed our basement dry-wall and carpets ( it's been 8 weeks in this case, but nothing have done yet) ?

Delay is the deadliest form of denial. My guess is that your builder will do nothing until you put his feet to the fire.

Secondly, who is liable for our personal properties like new TV, computer Monitor, Oriental rugs, etc....etc...., which we placed on the basement floor ?

Whoever was negligent in causing the condition that caused the damage to your property. If that was the builder or one of his subs good luck getting anywhere without a lawsuit.

but referred us to claim our own home insurance.

Your homeowners policy excludes damage caused by the back up of a sewer unless you bought the optional sewer backup coverage or your insurance company included it as part of a competitive package. You'll have to read your policy to figure that out. Or, just make the claim on your insurance and you'll find out quick enough.

we had signed the arbitrary contract at closing with our builder, does this limit our seeking legal aid

If you mean "arbitration" you can still seek "legal aid" but you'd be limited to arbitration, not lawsuit.

Of course, that depends on what the arbitration clause applies to.

 

[stanley670]

You make a claim with your own insurance and let them go after the builder if they think its appropriate.

Thanks for your reply, and I will try to find out exactly what caused the sewage pipe clogged as the young man removed the clogged pipe told me at the time, it was sand, cement debris, and tree roots and leafs.

 

[stanley670]

This is not a warranty issue unless something the contractor built is at fault. It could be a negligence issue which would make the warranty issue moot. If the builder was negligent in their actions and caused the issue, they would be liable for the resulting damages.

So, before expecting anything from the builder either base on a warranty or tort, you will need to discover what actually caused the problem. If the builder is not at fault under a warranty claim nor under a tort claim based on negligence, the builder simply owes you nothing.


I’m not clear on what the neighbor was doing and why but if what they are doing has caused your issues, it is they who would be liable. Your builder would be free from any claims in that case.

Thanks for you reply. About " I’m not clear on what the neighbor was doing and why but if what they are doing has caused your issues, it is they who would be liable. Your builder would be free from any claims in that case." No neighbor around yet because it was an empty lot, this is the same Builder whom I purchased my house from is building another house there.

 

[stanley670]

Delay is the deadliest form of denial. My guess is that your builder will do nothing until you put his feet to the fire.



Whoever was negligent in causing the condition that caused the damage to your property. If that was the builder or one of his subs good luck getting anywhere without a lawsuit.



Your homeowners policy excludes damage caused by the back up of a sewer unless you bought the optional sewer backup coverage or your insurance company included it as part of a competitive package. You'll have to read your policy to figure that out. Or, just make the claim on your insurance and you'll find out quick enough.



If you mean "arbitration" you can still seek "legal aid" but you'd be limited to arbitration, not lawsuit.

Of course, that depends on what the arbitration clause applies to.

Thank you Adjusterjack for your in-depth reply. Yes , I meant " arbitration contract."