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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22395
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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During kitchen remodel, contractors plumber didnt secure

Resolved Question:

During kitchen remodel, contractor's plumber didn't secure water line to future dishwasher not yet installed. They turned the water back on. During therapy morning hours, I woke to use bathroom and heard water spraying in the kitchen. The line was housed in the under sick cabinet. All cabinets, a new porcelain tile floor, and the granite had been completed. There was standing water in the cabinet and also on part of the floor near other cabinets. We wiped up what we could. The contractor started water damage mitigation the next day. As a result we have some damage along the inside walls on 1 cabinet and some trim on another. This according to the contractor. Should we receive any monetary recovery for damage and how much would be reasonable. Thanks Pam
Submitted: 10 months ago.
Category: Legal
Expert:  Barrister replied 10 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
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I have a couple questions before I will comment on your legal situation...
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Is the contractor covering the cost of repairing all damages as well as replacing any cabinets that may have been damaged?
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Have you noticed any type of mold or mildew as a result of the water?
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Did they take up the tile floor?
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Do you know what the subfloor is that the tile was attached to? (i.e. concrete slab or wood subfloor)
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Are you asking if you can recover some additional amount on top of any repair costs?
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Thanks
Barrister
Customer: replied 10 months ago.
The contractor says that he can't replace the cabinet because it would require to take out the granite because it could crack, said the tile floor is ok, and they will replace the wet insulation and have had professional fans going in the kitchen and I'm the wet crawl space. The floor underneath is an old bamboo floor and then the subfloor. The contractor thanks the cabinet damage is from some wicking from underneath and the cabinet still registers moisture. We haven't notice any mold. The contractor is covering the above costs. We were wondering if he should also take off money from our final bill.
Expert:  Barrister replied 10 months ago.
Thank you for that additional information. From a purely legal perspective, the contractor would only be responsible for repairing any damages that have occurred as a result of his negligence. He wouldn't be obligated to knock anything else off the price of the job for the inconvenience.
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But here is my concern...if there is water that has become sandwiched inbetween the tile floo, bamboo, and subfloor, then this is a prime area for mold and mildew because it will be difficult to get all the water out of that area. I also renovate houses in my spare time and have run into this before so be acutely attuned to any odd smells that you may notice as that can be a primary indicator of mold/mildew growth.
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If you do notice odd smells, then you will need to have the area tested for mold and if it shows up on a test, you can hold the contractor liable for tearing out the entire floor, bottom cabinets and countertops and completely re-doing the entire job. This is one of the dangers in not doing this now is that the contractor can be on the hook in the future if he didn't get all the water up...
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Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22395
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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