Flooded Basement- Who is at fault - REO Property Preservation Forum
Reply
 
LinkBack Thread Tools Display Modes
post #1 of 24 (permalink) Old 07-27-2013, 09:17 AM Thread Starter
How I wanna be a PP Pro
 
Wannabe's Avatar
 
Join Date: Oct 2012
Location: USA
Posts: 1,103
Thanks: 232
Thanked 1,277 Times in 562 Posts
Flooded Basement- Who is at fault

Contractor A completes initial services (water is on & no leaks found). Contractor B does some landscaping and installs a hose to spicket with a timer so new landscaping is watered for 7-10 days. Basement floods (finished basement).

Cause: Water spicket bib had a solder joint, from apparent old freeze damage, on pipe at bib that sprayed water (behind finished wall) whenever the water was actually turned on and ran. So it was deduced that everytime the meter/timer turned on to water landscape the property flooded more.

Who is responsible for the damage?

For another twist: Contractor B did the landscaping for free.

Interested to hear these answers!
Wannabe is offline  
Sponsored Links
Advertisement
 
post #2 of 24 (permalink) Old 07-27-2013, 12:17 PM
Member
 
Join Date: May 2013
Location: Minnesota
Posts: 77
Thanks: 14
Thanked 27 Times in 20 Posts
In the real world this would be an insurance claim.
MNanny is offline  
The Following User Says Thank You to MNanny For This Useful Post:
Wannabe (07-27-2013)
post #3 of 24 (permalink) Old 07-27-2013, 01:01 PM
Senior Member
 
Splinterpicker's Avatar
 
Join Date: Apr 2012
Location: west coast USA
Posts: 616
Thanks: 53
Thanked 213 Times in 135 Posts
......

Quote:
Originally Posted by Wannabe View Post
Contractor A completes initial services (water is on & no leaks found). Contractor B does some landscaping and installs a hose to spicket with a timer so new landscaping is watered for 7-10 days. Basement floods (finished basement).

Cause: Water spicket bib had a solder joint, from apparent old freeze damage, on pipe at bib that sprayed water (behind finished wall) whenever the water was actually turned on and ran. So it was deduced that everytime the meter/timer turned on to water landscape the property flooded more.

Who is responsible for the damage?

For another twist: Contractor B did the landscaping for free.


Interested to hear these answers!
B is He was the last one at the property. Sounds like the Frost free bib did not have proper drainage or negative drainage, back towards the house
Splinterpicker is offline  
Sponsored Links
Advertisement
 
post #4 of 24 (permalink) Old 07-27-2013, 02:49 PM
Senior Member
 
Join Date: Apr 2012
Location: ohio
Posts: 568
Thanks: 137
Thanked 307 Times in 177 Posts
Quote:
Originally Posted by Splinterpicker View Post
B is He was the last one at the property. Sounds like the Frost free bib did not have proper drainage or negative drainage, back towards the house
What if "B" never entered the house?? Your not going to blame me for a flooded basement if I am only there for ext services.
hammerhead is offline  
post #5 of 24 (permalink) Old 07-27-2013, 03:28 PM
Senior Member
 
BamaPPC's Avatar
 
Join Date: May 2012
Location: Alabama
Posts: 414
Thanks: 95
Thanked 283 Times in 133 Posts
Hidden damage. No way to tell the spigot was defective or damaged. If Contractor B was never required to enter the dwelling, no way for him to know damage was occurring. And even if B is required to enter, he can only report the damage when found.

Sounds like an insurance claim for the owner (be that bank or individual).

Now, if B was supposed to enter the dwelling and didn't go into the basement....he could be on the hook for the damages.
BamaPPC is offline  
post #6 of 24 (permalink) Old 07-27-2013, 03:40 PM Thread Starter
How I wanna be a PP Pro
 
Wannabe's Avatar
 
Join Date: Oct 2012
Location: USA
Posts: 1,103
Thanks: 232
Thanked 1,277 Times in 562 Posts
Forgot (my bad) that water was turned on at meter by Contractor B.

Great answers!
Wannabe is offline  
post #7 of 24 (permalink) Old 07-27-2013, 03:48 PM
Business Consultant
 
Cleanupman's Avatar
 
Join Date: Nov 2012
Location: Silver Springs, Nevada
Posts: 1,380
Thanks: 322
Thanked 564 Times in 339 Posts
Was the property winterized????

Oh and it's the pipes fault for breaking...

Good question though...

The variable if the first question, under the scenario you have outlined, Contractor B is still on the hook regardless if he was required to enter or not as he should be checking the systems integrity as he is turning water on to the property.
Regardless of the fact the service provided is external the water system stills goes through the dwelling and the systems integrity should have been checked prior to doing the assuming thing....furtherore the scenario you outlined could not happen if the break in the pipe is internal as if the water was on at time cContractor A was there...water would have been in the basement...the joint you describe a going bad would be in front(insidethe wall) of the ball joint that controls the flow of water in the hose bib....

Aladay LLC
Property Preservation
New Business Consultant
Custom Glass&Wood
Cleanupman is offline  
post #8 of 24 (permalink) Old 07-27-2013, 04:00 PM
Senior Member
 
BamaPPC's Avatar
 
Join Date: May 2012
Location: Alabama
Posts: 414
Thanks: 95
Thanked 283 Times in 133 Posts
Oh, if B turned the water on - he should have checked the dwelling out to make sure the fridge supply line was capped or turned off, make sure all the internal faucets were off, and listened for any apparent leaks (sound of running water). if he just turned the water on and left...he's going to be talking to his insurance company. And that goes for whether he was required to do an internal inspection or not. That's just common sense.
BamaPPC is offline  
post #9 of 24 (permalink) Old 07-27-2013, 06:06 PM
Super Moderator
 
BPWY's Avatar
 
Join Date: Apr 2012
Location: MT
Posts: 4,096
Thanks: 1,470
Thanked 774 Times in 468 Posts
Quote:
Originally Posted by Splinterpicker View Post
B is He was the last one at the property. Sounds like the Frost free bib did not have proper drainage or negative drainage, back towards the house



With an attached hose its not gonna drain.



So why did contractor B do the landscaping for free???


And I'm going with neither as to who is at fault. I'm sure the national isn't seeing it this way.

Professionals are people who can do their job when they don't feel like it.
Amateurs are people that can't do their job even when they do feel like it.
BPWY is offline  
post #10 of 24 (permalink) Old 07-27-2013, 09:41 PM Thread Starter
How I wanna be a PP Pro
 
Wannabe's Avatar
 
Join Date: Oct 2012
Location: USA
Posts: 1,103
Thanks: 232
Thanked 1,277 Times in 562 Posts
Great answers again. Ok the answer was Contractor A. "A" did the initial services but did not check the domestic water system since the water was ON and there was no visible leaks. The hose bib at the spicket did NOT leak until that spicket was turned ON.

Contractor B turned the water on to the house so the spicket could be used for irrigation of the new landscaping with incorrect inspection results uploaded by Contractor A.

Personally I think Contractor B BUT the Insurance and Service Companies thought different. Ah well I got paid very well for the mitigation and drying
Wannabe is offline  
Reply

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the REO Property Preservation Forum forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in










Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Display Modes
Linear Mode Linear Mode



Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome