On Jan 14, 10:41*pm, wrote:
On Wed, 14 Jan 2009 14:28:34 -0800 (PST), Handplanes

wrote:

(snip for brevity

That's the background, now here's my question.
Is there an implied warranty of some sort that covers concealed work
and problems that don't immediately show up? *I know new houses have
warranties, and that a standard contract usually has a one year
warranty covering the work, but this is an older house, and there
wasn't a contract. *In any event I don't think an entirely new
bathroom plumbing system should leak from the supply lines in just a
few years.

I'm a renovations contractor in Alberta, Canada. *

Our renovations are done under written contract with a warranty of one
year on work done and material provided. * * That's fairly standard
here. *

Obviously if a client has a problem, *I'm not going to be a stickler
for the the one year limitation ... * I'll use my best judgement, and
I will err on the customers" side. * *It's just good business ... I
tell my trades that when the contract is signed, *I have made my
profit ... what we are working for is the repeat and the referral.

Most serious contractors do the same. *It's the cheapest advertising
we can buy.

A verbal agreement is a contract ... you should have asked at the time
the work was done ...even had him scrawl *a guarantee on the bill. * *

Similarly, *when he did the repair, *you should have asked whether he
was doing it at his own expense or whether he intended to bill you and
if so, how much. * *

The only legal maxim I'm aware of that you can rely on is that you
have a right to a "reasonable expectation the work and materials are
suitable for the use intended".

You should know that soldered joints will occasionally let go. *There
could have been the tiniest, tiniest pinhole crack weakening *the
soldered joint that four years of pressure finally *worked through.
No way he could have known or caught it when it happened.

Four years is a long time *.... *I'd say it's a "goodwill issue". * If
you're a good customer or if he's a good guy, *you'll be treated
fairly. * * Your description sounds like a couple of hours maximum.

In future, *nail down the cost and the warranty in advance. *

Ken *


Agree with all of the above, including that there was in fact a
contract for the original work. It was a verbal one, though, which of
course presents many problems.

If it had failed in a couple months, I think the situation would be
different. But after 4 years, I doubt you could prevail from a legal
standpoint. Also, as someone pointed out, it could have been a
defect in the materials. The plumber provided them, but is he then
responsible 4 years later for a possible manufacturing defect?