Condo Leak Responsibility

[ISO Opinions]

What is the name of your state (only U.S. law)? Pennsylvania

We recently hired a contractor to do what should have been a routine and fairly quick, one-day job in our condo. The contractor left the work incomplete for what was to be a few days. A few hours later, we discovered a leak from a disconnected pipe, and after getting no immediate response from the contractor, my spouse managed to stop the leak. The leak caused damage to a neighbor's ceiling.

The contractor, over the phone, denied being at fault for the leak and became verbally abusive.

It will take several hundred dollars to repair the damage -- less than the downstairs owner's deductible. The downstairs owner doesn't want to file an insurance claim to avoid higher rates and seems to expect us to pay. Our insurance agent tells us this shouldn't be our responsbility since we were not negligent, and indicated that the downstairs neighbor is actually responsible for the repair, short of suing the contractor or going after him via our respective condo insurance carriers. The agent's opinion was that the damage incurred by the other owner is a potential part of condo living, which is why condo owners carry insurance.

Removing the truly responsible party -- the contractor -- from the equation, who between the two condo owners is responsible here?

Thanks.

 

[Zigner]

What is the name of your state (only U.S. law)? Pennsylvania

We recently hired a contractor to do what should have been a routine and fairly quick, one-day job in our condo. The contractor left the work incomplete for what was to be a few days. A few hours later, we discovered a leak from a disconnected pipe, and after getting no immediate response from the contractor, my spouse managed to stop the leak. The leak caused damage to a neighbor's ceiling.

The contractor, over the phone, denied being at fault for the leak and became verbally abusive.

It will take several hundred dollars to repair the damage -- less than the downstairs owner's deductible. The downstairs owner doesn't want to file an insurance claim to avoid higher rates and seems to expect us to pay. Our insurance agent tells us this shouldn't be our responsbility since we were not negligent, and indicated that the downstairs neighbor is actually responsible for the repair, short of suing the contractor or going after him via our respective condo insurance carriers. The agent's opinion was that the damage incurred by the other owner is a potential part of condo living, which is why condo owners carry insurance.

Removing the truly responsible party -- the contractor -- from the equation, who between the two condo owners is responsible here?

Thanks.

Removing OR including the contractor, YOU are the responsible party (to the other owner). Your AGENT caused the damage.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Pennsylvania

We recently hired a contractor to do what should have been a routine and fairly quick, one-day job in our condo. The contractor left the work incomplete for what was to be a few days. A few hours later, we discovered a leak from a disconnected pipe, and after getting no immediate response from the contractor, my spouse managed to stop the leak. The leak caused damage to a neighbor's ceiling.

The contractor, over the phone, denied being at fault for the leak and became verbally abusive.

It will take several hundred dollars to repair the damage -- less than the downstairs owner's deductible. The downstairs owner doesn't want to file an insurance claim to avoid higher rates and seems to expect us to pay. Our insurance agent tells us this shouldn't be our responsbility since we were not negligent, and indicated that the downstairs neighbor is actually responsible for the repair, short of suing the contractor or going after him via our respective condo insurance carriers. The agent's opinion was that the damage incurred by the other owner is a potential part of condo living, which is why condo owners carry insurance.

Removing the truly responsible party -- the contractor -- from the equation, who between the two condo owners is responsible here?

Thanks.

**A: how is it that you called the plumber but the downstairs unit owner is responsible? Something does not make sense. We need more details.

 

[ISO Opinions]

When I first spoke to my insurance agent, my instinct was that we, or our insurer, would be responsible, unless or until we take the contractor to small claims court. The insurance agent, however, said that condo owners in situations such as this are not liable for damages unless the other party can prove they were negligent, which he seems to think we were not. I at least think the other owner should ask her insurer to try to subrogate with ours.

I'm especially interested in thoughts from real estate lawyers. Thanks!

 

[Zigner]

When I first spoke to my insurance agent, my instinct was that we, or our insurer, would be responsible, unless or until we take the contractor to small claims court. The insurance agent, however, said that condo owners in situations such as this are not liable for damages unless the other party can prove they were negligent, which he seems to think we were not. I at least think the other owner should ask her insurer to try to subrogate with ours.

I'm especially interested in thoughts from real estate lawyers. Thanks!

Then pay a real-estate lawyer...
And stop taking legal advice from you insurance agent

 

[ISO Opinions]

The agent is not without some expertise in this area. I came here thinking there might be someone knowledgeable with a sincere interest in offering an educated opinion.

 

[HomeGuru]

When I first spoke to my insurance agent, my instinct was that we, or our insurer, would be responsible, unless or until we take the contractor to small claims court. The insurance agent, however, said that condo owners in situations such as this are not liable for damages unless the other party can prove they were negligent, which he seems to think we were not. I at least think the other owner should ask her insurer to try to subrogate with ours.

I'm especially interested in thoughts from real estate lawyers. Thanks!

**A: no details so no thoughts.

 

[HomeGuru]

The agent is not without some expertise in this area. I came here thinking there might be someone knowledgeable with a sincere interest in offering an educated opinion.

**A: there is.