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 Posted: Mon Jun 27, 2011 2:04 am Post subject: New home still under warranty with a leaking pipe |
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| I bought my house the very beginning of this year and noticed around February/March that my downstairs half bath had a water stain that soaked through from the ceiling down to the wood floor which warped the floor boards. I also had a puddle of water in the basement as a result of this same leak. The upstairs master bath had a constant drip from the bathtub pipe. Apparently the "O" ring had a crack in it. The plumber came immediately and fixed the ring. Finally, after a few months, the plumber's insurance adjuster came out and looked everything over. He claimed the floor boards needed to be sanded, stained and finished throughout the entire downstairs because "continuous" floor plan we have. He said that it looked like the walls and ceiling will need to be spot sealed, primed and painted. The insurance company agreed with the adjuster and emailed me the claim covering everything I had just written plus a little more to remove appliances, toilets, sinks, etc... My concern is the hidden damage that a three month dripping leak may have caused. I am concerned about the water damage on the inside of the ceiling, wall and in between the floor boards and plywood that may be wet. It seems that the insurance is covering the costs to "cover up" any and all damage that is noticeable to the eye, but what about the rest??? I expressed my concern about mold and mildew to the insurance company and they flat out told me that mold and mildew is not covered under the insurance. They also told me not to be concerned because the adjuster didn't think that there would be an issue of mold and mildew with a leak of this nature. What should I do? What are my rights? Should I get my lawyer involved? I am asking these important questions because my house is still under the one year warranty and I just want it to get repaired correctly the first time and not just covered up. I would feel much better knowing the damaged wall, ceiling and floors were replaced to eliminate any chance of mold and mildew in the future. |
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princereggie1980
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| Posted: Mon Jun 27, 2011 6:16 am Post subject: |
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Cutting out drywall and replacing it is cheap. If it makes you feel better, have this done on your own dime. If there is mold, you can have the plumber deal with it. If not, then you only spend a few hundred to have some drywall cut out and replaced. It sounds like the insurance company will pay to have it painted.
Most liability policies exclude mold. This does not mean the plumber is not liable for any mold found. |
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tcope
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| Posted: Mon Jun 27, 2011 3:18 pm Post subject: |
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| Quote: | | This does not mean the plumber is not liable for any mold found. |
The plumber would only be responsible for mold that resulted from his negligence. If the plumber in this instance was merely the guy who was called to take care of a long-standing leaky pipe, he won't be liable for what has been brewing for some time.
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MaxHerr
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| Posted: Mon Jun 27, 2011 3:38 pm Post subject: |
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I get the impression from the post that the plumber was a sub in the building of the home and that he did something wrong while the home was being built. I dont know why else the plumbers insurance would be footing the repair bill.
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tcope1
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| Posted: Mon Jun 27, 2011 5:28 pm Post subject: |
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You could be right, or the OP could be confused about whose insurance is involved (the home warranty company could have sent its contracted plumber to the OP's home). We'll have to wait for the flip of the coin.
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MaxHerr
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