Do I or my insurance company have legal recourse for faulty plumbing repair?
Question Details:In 2003, I had a 2nd story tub leak at my house which caused ceiling damage to my living room. I submitted a homeowner's insurance claim and hired an independent plumber, drywaller and painter to repair the leak and complete restoration process. In 2010, the same area was damaged. I brought in a different plumber to assess the problem and he discovered that the original method of repair negligently used duck tape which failed. Should I notify my insurance company of this discovery? Should I contact original plumber on my own to have him pay for subsequent damage. Is there a statue of limitations on plumbing repairs?
The statute of limitations on contracts is 3 years in NH. Therefore, the time period to file a claim against this plumber is over as 3 years from 2003 is 2006. As such, I suggest that you file a new claim with the homeowner's insurance and seek compensation from the insurance company. You can try to ask the old plumber to come back and fix his work, but if he refuses, you do not have the courts in your back pocket to use to force this guy to make the repairs. Based on the shoddy work the original plumber did, I suggest hiring a new guy to do the work and contact your insurance carrier to come out to do the estimate. Try to refer this to homeowner's.
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