Help! Remodeling disaster.

9 years ago

Yesterday, we had our kitchen remodeler come by our home and begin the process of installing the cabinets, which were RTA cabinets (assembled in his warehouse). Now, everything was going smoothly until they broke a water pipeline in the kitchen and water flooded my brand new engineered hardwood floors.

The hardwood floors have obvious water stains on them, and moisture was confirmed within the floor via a moisture meter. Here is the kicker, the remodeler doesn't want to cover or fix the hardwood floor damages because in our contract it states that any electrical or plumbing work is the homeowner's responsibility. This doesn't make any sense to me? I get that plumbing is my responsibility, but since the remodeler has damaged my property due to a fault of his own to which was viewed personally by my wife and admitted to me by the installer, shouldn't they pay for the damages/cleanup to the wood floor. I don't care if I have to pay for a plumber to fix the water pipe that was broken, I need them to compensate me for the damaged wood flooring that I'll now have to remove, and then replace.

The only thing they told me if I wanted to get my money compensated, was to 'go through it with the insurance companies', which I imagine would take time and be a pain in the @##!'

If I went that route, could I just go through the kitchen remodeler liability insurance, without having to file through my homeowners' insurance (I don't want to pay my deductible of $2500, meaning I would lose that money and in essence, 'pay' for their mistake).

What are my rights regarding this? Can the remodeler/cabinet company get away with this?

Please advise.

Featured Answer

Russ Barnard

9 years ago

Oh, I'd be ALL over him. Plumbing and electrical ARE your responsibility if it is in the contract....ACCIDENTS related to plumbing and/or electrical that he directly causes are not.

If he broke it, he should be responsible for fixing it and anything that was damaged BY it.

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Comments (7)

lascatx
9 years ago
The contractor is responsible for the damages he or his workers cause unless you have specifically agreed otherwise -- and even then, the law in your area might say that would be an unconscionable provision, especially if the contract was the contractors form. I would file a claim with his insurance carrier and would not pay him anything further until you are assured the floors will be repaired at their cost or his.
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amaacr
Original Author
9 years ago
Thank you for the feedback.

Update, the contractor had a associate of his, a wood installer with a decently known flooring company come by and look at the floor. This person stated that he would wait a week to see how much of the moisture goes away and felt that some of the floor would improve. I also had my wood installer look at the floor and he stated that the floor would not improve and needed to be replaced. Attached are pics of the damage.

I spoke with the contractor and he informed me that we wait a week if possible, then he'll have the wood Floorer come by and take a look at the floor, and that he and I will decide on how much flooring to replace. The wood Floorer doesn't feel strongly about replacing the wood that was affected beneath the cabinets because it won't be seen, and that possible mildew is a low risk as all 'wood will dry'.

I have a couple of questions...

1). Should we replace the flooring under the cabinets?

2). I don't understand why the contractor would want to have his Floorer fix the flooring vs going thru the insurance company?

3). Does wood flooring affected by water 'get better over time'?

Thank you!
Russ Barnard
9 years ago
If it were me, if the wood was not the quality it was before the accident, it gets put back to that quality.

Don't settle.

jmo
toxcrusadr
9 years ago
What Russ said. It's not relevant whether it's under the cabinets. If it's brand new it should be put back to brand new since this accident was no fault of yours. I hate to say it but I have to agree, with new construction you shouldn't have to settle for damage from day 1.

He may not want to involve his insurance co. for fear of rising premiums or being dropped. That's really up to him as long as you are made whole.
for708fun
9 years ago
The reason the contractor wants to have his flooring guy do the work and to do a partial replacement is:
1. Contractor realizes he's responsible for the damage.
2. Wants to fix it as cheaply as possible.
Hire a reputable flooring contractor to inspect the floor and make their recommendation. Yes, you will have to spend a little but you will get a unbiased evaluation of what needs to be done.
midcenturymodernlove
8 years ago
He damaged it. He pays for it. Follow the advice above to have a reputable contractor inspect it and recommend how it should be fixed. If contractor refuses, have it done and submit the bill to the contractor.