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Recently had granite and faucets installed two different companies. Now I have a leak from under my sink. Who is responsible?

Mcdonough, GA |

One company installed the granite and I had a plumber to install the faucets because the granite company didn't do plumbing work.

Thank you all for your advice..I have contacted the plumber in question and he refuses to take responsibility for the leak under my sink which only took place after he re did the pipes under my sink. He states that he is not responsible for something that he couldn't see and I indicated to him that before he re did my pipes under my sink I did not have a leak. I am told this will be a very expensive job to repair because of where the leak is so can I sue him for the repair and the legal fees involved? Please let me know also if either of you would be willing to take this case.

Attorney Answers 4

Posted

I would venture to say that if there is a leak, it is a plumbing issue. Why not call a plumber out to look at the issue and give you an opinion as to the case. If it is a simple leak, I cannot imagine that the cost to fix would be too much and if the plumber is half way reputable, they will take care of the problem for you. I do not see any need to pay an attorney to deal with this.

This is not intended to create an attorney client relationship and none is to be implied either. You must contact an attorney and present all facts before you can and should act on this response

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David Jason Merbaum

David Jason Merbaum

Posted

You are going to need an expert in court. So get a quote to fix the issue and then make one final written demand. If the plumber does not pay, file suit

Posted

You have indicated the leak is at the faucets. Generally that would mean that the granite installation did not damage plumbing leading to the faucets. The faucets would have been installed after the granite. If there is some "finger pointing" of blame you may need to provide additional information.

Disclosure: This answer and any information contained in this answer is not intended to be treated as legal advice. It is for informational purposes to educate about legal issues. You should contact an attorney for specific legal advice for your situation. Specific legal advice based on full knowledge of your specific situation and all facts may differ from general information. This posting does not create an attorney-client relationship or privilege of any kind. This attorney actively licensed only in the State of Georgia. If this is a Georgia matter, you may of course contact me to discuss possible representation. FEEDBACK: Both AVVO and other readers are interested in your feedback on the quality of the answers. Please check the “thumbs up” symbol if you find an answer helpful.

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Posted

I agree with both of the previous answers. This situation presents what lawyers call a "question of fact" in that it implies that the granite installation may have affected the faucet installation in some way. Did it? That is a question of fact. If the granite was fully and properly installed, and then the plumber came out and installed the faucet, then presumably the plumber should fix any leaks. Most companies offer at least a one-year warranty on materials and workmanship. If the leak is caused by a defective faucet, then other issues may be involved. Did you supply the faucet or did the plumber? If the plumber procured and installed the faucet, then presumably the plumber will either repair or replace the defective faucet. Call the plumber and report the problem. Be nice. Keep a record of your calls, e-mails or letters to plumber. If you don't get satisfaction, then one option is to sue the plumber in Magistrate Court in the county where the plumber resides or has an office. Magistrate Court has jurisdiction of disputes up to $15,000, but the filing fee may be more than the cost of fixing the problem yourself. Try to get the plumber to solve the problem, then decide whether it is worth it to go to court. Reasonable people usually can solve a problem like this without going to court. Hope this helps.

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Michael L. Chapman

Michael L. Chapman

Posted

Responding to the additional information you have added, you are really are going to have to develop the facts on a step-by-step basis. If the first plumber won't take responsibility for the leak, then you need to hire another plumber to evaluate what actually caused the leak. If this second plumber finds that the first plumber caused the leak, then you can use this evidence in a case against the first plumber in Magistrate Court. Before you repair the leak or go to court, I recommend that you present the repair estimate to the first plumber in writing and ask him once again to repair the leak at his expense. If the first plumber still refuses to repair the leak, then you should repair the leak, pay for the repair, and then file suit in Magistrate Court against the first plumber. The amount of your damages will be the cost to repair the pipe leak caused by the first plumber. The plumber who repaired the leak must come to court as your "expert witness" and explain to the court what the first plumber did wrong and what it cost to fix it. You must bring your expert witness to court. Normally, the Magistrate Court will not consider an affidavit or letter from your expert witness. I don't recommend going to court without having completed the repairs. Also, I don't believe that any lawyer can ethically promise you that you will recover your attorney fees at trial. It is possible to collect attorney fees in some cases, but there never is any guarantee of collecting attorney fees at trial. This means that you run the risk of spending more money litigating this matter than trying to fix the problem at your own expense. Magistrate Court is set up to allow individual plaintiffs to represent themselves at trial. It is always better to go to court with a lawyer, but for small claims it is often more economical for you to handle the matter yourself. Also, you have gotten some excellent advice from the other lawyers who have commented here.

Posted

I agree with the previous answers and would add this point: Whenever you have a project like this and you hire two parties (granite installer and plumber) separately, you always run the risk of each blaming the other for any problem or defect that arises. This is a reason why many people opt for a single source of responsibility, if you can get one. Certain kitchen remodelers and contractors will perform any and all of the tasks needed for a job like you had. Then, if there's a problem they can't point to anyone else but themselves. Going with a "turnkey" operation on this project may not have been cost effective, but it's worth considering for your next project.
Lastly, if there's water damage you should also consider a claim against one or the other contractor's insurance. Again, the cost to fix may be less than the hassle to make a claim, but those are your legal options. Good luck.

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