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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34326
Experience:  16 years real estate, Realtor. Landlord 26 years
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I hired a licensed and bonded plumber to do repair work for

Customer Question

I hired a licensed and bonded plumber to do repair work for an extensive leak on my enclosed patio on March 10, 2015. My Hartford homeowners insurance covered his work, minus my $350.00 deductible. After the last heavy rainfall in Las Vegas 3 days ago, the leak again reappeared in the same area that was repaired. including mildew vapors in the house.
I did not ask my plumber what his warranty was because with a previous leak repair in a different area on the patio, 4 years ago, there was not a repeat problem.
What is the normal warranty with a plumber and am I covered again with my Hartford insurance with this new claim on a repeat problem?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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"" What is the normal warranty with a plumber and am I covered again with my Hartford insurance with this new claim on a repeat problem?""
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If your insurance paid the plumber to correct the problem and he failed to do so, then he would be in breach of contract for not providing the services that he was paid for. In Nevada, the statute of limitations for a breach of contract action is 6 years for a written contract and 4 years for an oral contract.
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So this is well within the time for you to pursue a breach of contract action in small claims court if he doesn't make repairs properly this time if his initial repair was not done corectly.
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The exception would be if this was a new leak that was not part of the original repair. If that was the case, then your insurance should again cover any repairs with the exception of any deductible.
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But since this is in the same place as the repair, logic dictates that the plumber didn't properly repair the first time and the entire cost of any repairs this time should be his responsibility.
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thanks
Barrister

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