Can I Be Sued For Work Done 2 1/2 Years Ago Even If There Was No Warranty?

tgrib

I know there is some type of Statute of Limitations where I live for written, oral or implied warranties, but I didn't give this customer any type of warranty. Although we did have a contract, it simply outlined the scope of work involved and that's it. This guy is an attorney unfortunately, so I need to understand what I'm up against.

Tom R

Hard to answer a question about where you live when you don't even say, - - but the bigger question might be why did a job you did last only 2 1/2 years??

If some job I did failed that quick, - - no lawsuit would be necessary, - - I'd be there pronto to fix it, hammer high, head low . . .

tgrib

Thanks for the reply Tom. Here is the crux of the situation. There is about a 4 foot drain line to the toilet that has either settled or was installed improperly by my plumber at the time and as a result there is a slight upflow, instead of downflow, leaving about an inch or so of water in the drain line. They didn't like the existing toilet and had another plumber replace it. During this replacement, he noticed the water, told them the pipe was flowing uphill, they had RotoRooter or whoever come in a do a quick snake video which proved it did in fact have a slight up flow with water in the drain. When the drain hits the Y coupling tying the shower and sink lines together all is well. So the crux is this. The drain has not caused any problems and has no sludge build up and only has about a 4 foot run, so it doesn't absolutely have to be repaired or replaced. The water pressure from the toilet is sufficient to clear any solids from the drain and doesn't have any adverse effect with the toilet. So I am waivering because it isn't causing any problems and it's such a short run that I really don't think it will cause any problems, not to mention the fact that there is a possibility that it simply settled in which case, I have no control over that and wouldn't guarantee against that happening.

ruskent

Just go fix it.

Forry

We have a winner!

Don't see a problem.

__________________
now i am scared for my future
i've got all ten
smashed a lot of them stupidly before
-john5mt

TimNJ

It shouldn't have "settled". I believe it is pretty clear that the lines below slab should be set in clean fill that has been compacted. An inspector should have seen that.
As long as there isn't any radiant in the slab, break up that 4' section and repitch it. In the long run it will be lot cheaper than trying to fight a losing battle. If it went to court the judge would rule against you because it's backpitching which is obviously wrong, then he would let the homeowner hire whoever he wants to redo your work for God knows how much money. See if your insurance will cover this, or better yet the plumbers' insurance should.

Carport King

First off do not be afraid just because he is a lawyer. Most legal state contracts for construction have a 1 year warranty.

Now this is only if you are using a legal state contract for the construction trade.

You said you never gave him a warranty and this makes me think you are not using a legal contract for your trade.

For instants in Florida your warranty has to be on your contract. Plus a ton of other legal crap. Our contracts are 4 pages long with 2 of them for just the legal crap.

This lawyer would have a tuff time collecting anything from you. But I would see just as a good contractor what his real problems are and see if he has a real claim.

I would not admit to anything or say much other than just looking and take notes or pictures and tell him that you will get back to him in writing on what you will or not do.

But I am not a lawyer and this is only my opinion so I would touch base with your own attorney first. Good Luck

22rifle

Make your plumber fix it.

No mercy!

tgrib

I should have clarified that I did not pull a permit on this job. Although I pull permits now, I was retarded then. What can I say.

GregS

Was it inspected? Did it pass? Does that affect who's problem it is then?

Forry

With unpermitted work like that, you should be back there with your tail between your legs, a good plumber, and an apology. Not spending half a day online looking for sympathy and a way out. Suck it up, admit it was wrong, and get it fixed. Warranty work can be good for business if a client sees you standing behind what you did. Getting sued or not is silly. Just go fix it. End of story. Except for maybe a satisfied client who'll refer you to others. JUST GO FIX IT!

__________________
now i am scared for my future
i've got all ten
smashed a lot of them stupidly before
-john5mt

Jason Whipple

This doesn't sound too complicated to fix. Why wouldn't you just take care of it and do some P/R work. They'll love you for it What would it take, a day?

A. Don't do it; get pissed off customer and law suit

B. Take care of it; have a pleased customer and a great reference. (although it sounds like you waited to long for that)

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Historic House Restoration, Cincinnati, Ohio
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72chevy4x4

any chance your plumber has the same first name as you? What is the HO sueing for-was the problem fixed or left as is?

genecarp

fix it , step up, do the right thing

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joasis

Oklahoma does not have a "warranty" period as such, although a contract usually specifies it. What we do have is a term called "workman like manner" and the expectation that work will be correctly done. I would guess that it could be expected that a plumber would correctly install the waste lines, and the standard is for them to flow downhill, not uphill, or be in violation of code....so if you can find in the UPC that you can run uphill for 4 feet, you will win...if not, be prepared to fix the problem.

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neolitic

To answer the original question,
anyone can sue anyone,
any time, for any reason.
They don't always win.
But I'm guessing that a lawyer who
knows that you did the work without
permits and inspections (or a license?)
will have an easier time getting his
ducks to march in a row than will you.

Just my guess.

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(Sorry....it seems there really are dumb questions)

davinci

" ..there is a slight uptrend"... you also said there is'nt a problem now/yet. bottom line,it was done incorrectly regardless of whether or not there is a problem now. go fix it.

Tom R

Whether you got a permit or not aside, - - your reputation is worth more than the repair.

Call him up, - - tell him the more you thought about it, - - the more you realized it was your responsibility.

Chris Johnson

Lets look at it reasonably, pipe did not settle or sag, it's only 4' long and has a 90 attached to it and a toilet flange on top of the concrete floor. It's been running uphill since day 1, be happy it did not back up and you get hit for the repair and the clean up and the hotel bills and the so on and so forth.

California has a 10 year latent defect warranty period, you have a latent defect. FIX IT

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Chris

Grumpyplumber

I WILL say this...
If the original plumbing wasn't done by a licensed plumber (you), you might as well repair the mistake, do his dishes and offer to repaint his house.

If he gets nasty and calls in to the local inspector, you could loose your contractors license, some states will even impose jail time for unlicensed plumbing. NO joke.

I'm with all the above, bend over beckwards and get this behind you, quickly.