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Asked about 3 years ago - Seattle, WA
FlagThe toilet supply hose I installed gave way from the toilet, flooding the basement. My clients insurance company is stating their investigation has found "the cause of the damages may be attributed to (my) negligence." This installation was done 4 years ago.
It does sound like the insurance company is doing a bit of fishing to see if they can recoup their costs for having to pay out this claim. Hence, they sent you a letter demanding reimbursement, blaming you for the cause of the flooding. You should be prepared to defend this, if necessary, and have your own investigation of the cause of flooding… and by no means, do not admit any fault or make any sort of statement to the opposing side until you’ve had an opportunity to fully review this for yourself.
In very general terms (and without knowing additional facts), the statute of limitations on construction defects is generally limited to six years in Washington (RCW 4.16.310).
As a contractor, you should have your own insurance for these types of claims, and you should notify your carrier and tender defense to them… especially if a lawsuit is filed against you.
Generally, a contractor's warranty lasts only a year or two, no more. Check with a local commercial attorney for the statute of limitations in your state. Disregard the insurance company's determination. They're trying to avoid paying the claim out of the premiums they received from the homeowner. They would rather try to pass it on to you.
Good luck.
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