Hardwood Floor Sub Caused Damage

Wilsonl

My Hardwood floor sub stapled into a water pipe that was incorrectly placed flush under the subfloor. It is an 80+ year old house -- no way to see water pipe, and not telling who put it there. He caused $1400 in water damage -- who is liable? He claims the homeowner's insurance should pay.

Cdat

You are.

CatAlii

Eeck - so sorry. Ultimately if he and his insurance don't take responsibility for it you are liable. But....he or his insurance really should. Good luck.

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Jon111

split it with your sub. general liability will cover it, however who wants a black mark for a small claim.

john elliott

He is responsible to you, and you are responsible to the home owner

John

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Angus

I had kinda the same thing happen. You pay, then go after his insurance. Hope it all works out.

skylands

Ditto here too.

You pay. Then work it out with your sub. I was lucky. My sub worked for me for years so we worked out a payback solution on each job after that untill I got paid back.

(Funny how those rates went up after that.....)

Floordude

Being the pipe was improperly installed to the bottom of the subfloor, means it is not your subs fault. Your fault lies with the uneducated person that placed it there like that. It is your home, and the liability insurance is most definitely going to comeback as improperly installed plumbing... Claim denied.

As a flooring contractor, it is not his responsibility to verify the plumbing was installed correctly, especially if it is concealed.

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Wilsonl

I am the GC. The floor guy wants the homeowner's insurance to pay.
Isn't this part of his risk of working on old homes. He stapled directly into the subfloor (not floor joists) and hit the pipe five times.

Floordude

Nope, an improperly installed pipe is not his responsibility. It is the homeowners responsibility. They bought the improper pipe, they bare the burden.

When you fasten wood flooring, the joist is the last thing your going to hit.

How far did his fasteners penetrate through the subfloor??

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rch

It is not the flooring sub's fault nor is it yours as the GC, unless the underside of this subfloor was visible/exposed, as the first floor might be with an unfinished basement or crawl space below. Or, if the flooring sub used unusually long fasteners. (better check on that)
Assuming a hidden' condition, unless you are Superman w/ x-ray vision, you cannot be expected to tear open the floors or ceilings to make sure there are no hidden issues. In your contract, there should be a clause discussing a 'good faith effort to assess conditions that are accessible/visible. All else falls back to the home owner. It is their house, not yours. You can only be responsible for what you can see in a reasonable and non-invasive inspection.
I have a potential client right now who wants me to give them just such a clause in my contract..."that I will make all possible tests and inspections to assess potential hidden issues..."
I will, of course, NEVER sign this job as I will NEVER give such a guarantee to a home owner. They even want me to assess their foundation before we build a Dormer to make sure the house will not tilt! They are, of course, crazy.

Cdat

3/4 thick boards? 2 inch fasteners? I still say it is your fault as you used improper equipment. Should never penetrate the subfloor. No matter what.