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