Handplanes wrote:
Hi. I very recently noticed some mold in the den under the master
bathroom. The mold was up by the ceiling where it meets the wall -
tthe tub is above that so I knew it wasn't good. The bathroom above
was remodeled about four years ago and all of the plumbing was
replaced.

I opened up the ceiling and the sheetrock was wet and moldy, so I cut
it out, cleaned up the mold as best I could, located what was leaking
and called the plumber.

There was a copper T in the riser supplying the sink branch. The T
was leaking where the horizontal line came in. I don't know how long
the leak had been dripping, but for the amount of green crud on the
outside of the T it must have been for a while. You could see that
the solder at the T was rough and not smooth like it usually is when
the solder and fitting are hot enough.

The plumber came out and took a look and agreed that it was the T that
leaked and there was no other damage that caused the leak. When the
remodeling work was done I did not have a contract with the plumber,
it was a verbal agreement (I know that's not recommended!) and
everything went fine.

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.

So, who's responsible for the repair costs? I'm not particularly
concerned about the sheetrock, painting and the few tiles I had to
remove at the tub to access the plumbing. It's more of a question of
whether the plumber should take care of the plumbing repair on his
dime as it was his work that caused the problem.

It was due to an honest mistake - his mistake - and I know he is a
good plumber. I thought that he would take care of the repair since
his work caused the problem and I would not be billed. In return I
would not bill him for the damaged sheetrock, painting and tile that
had to be removed as I have a relative that does general construction
and handyman work for me. In mentioning the situation to some friends
they said that the plumber would probably hit me with a hefty bill for
the plumbing repair.

If he does send me a bill, what do I do? Do I just pay it without
question? Pay it and give him the bill for the other repair work
necessitated by the leak? I really have no idea what legal area this
would fall under and whether there is some standard procedure for a
concealed problem showing up a few years down the road.

I have no intention of taking this to a lawyer or small claims court,
and I live in NY if anyone knows the specifics in my state. I am just
curious what people's opinions are on this type of thing and if
someone could provide some guidance on how to approach the topic with
the plumber if he does in fact send me a bill.

Any and all replies will be greatly appreciated. Thanks.

Nick

Why don't you call the plumber back to take look at it and see what he
says. Only he can tell you if he'll fix it at no charge.

--
Art