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Can I get restitution on a plunmbing issue on new construction?

I just recently moved into new construction that is only 8 mths old and is under warranty. I recently had a water leak on a main pipe in a wall due to a broken seal. this water damage ruined a hardwood floor. the bulider said they will repair the wall the cut into but not replace the floor since i had the floors installed afetr i moved in. but my floor did not cause the problem thier plumbing did. what should i do. i am not going to run and clain it on my hoemowners right away when this was not my fault it was the builders. oh and by the way there are others in my bulding that have had plumbing issues.

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Attorney answers (3)

Avvo Pro

Reputation Level 10
If the builder persists in failing to compensate you for the damage to your floor its defective plumbing caused, by all means sue the builder or demand arbitration if the contract requires it.

Reputation Level 12
I agree you should pursue legal action as quickly as possible.

Avvo Pro

Reputation Level 8
If the piping is part of the common element of the building and your description indicates it is, then the owner/developer, general contactor and plumbing sub-contractor may have have potential exposure. That would be dependent upon establishing the cause of the defect. In construction defect cases the inquiry typically involves whether the work at issue complied with the plans and specifications, whether the work was performed properly ie: consistent with industry customs and practices and whether there are contract documents which define the relative rights and responsibilities of the parties. The scope of an insurer's obligation depends upon the provisions of the policy of insurance and the types of damages that were caused by or resulted from the allegedly defective plumbing.

I would suggest that you contact a lawyer to review this matter. The lawyer would be interested in reviewing the contract documents, the warranty you refer to, the various insurance policies if in your possession and all other documents or correspondence you may have received from the owner/developer of the project.

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