Is the Handyman at Fault?

Question

Our handyman sent someone in his place. The sub didn't shut off the water main & broke a pipe.  Water went everywhere, damaging our unit and the unit below. The owner of the unit below is already talking about mold abatement, etc.  Who pays?

Pat L. · Answer

What's the bet 'our handyman' has no insurance coverage... :(

Mike McCarthy · Answer

This is what you have insurance for - and what he has insurance for. Let the insurance companies fight it out - that’s their job.

We can give you our opinions, but I’m the end, it’ll come down to who has the better insurance and who it’s subrogated too. Even your opinion won’t matter.

Barb Asay · Answer

So you were having work done in the kitchen and the plumber was using the shutoff valves for the kitchen sink in order to remove the sink for the counter top install?  Is that right?  and that’s when the pipes in the wall broke?

Ok, so I’m not a plumber or a lawyer BUT I’ve done plenty of rehabbing and fixing...isn’t it perfectly acceptable to use the shut off valves at the source and not shut off water to the whole unit?  I mean, that’s what they are there for, to isolate fixtures for repairs, etc.

devils advocate here...I’d still be mad, but just maybe it wasn’t the plumbers fault?

Bill Kramer · Answer

The guy YOU hired. His insurance should cover it, then if he wants to push liability down the food chain that's on him. But its his job, and he owns it.

Pat L. · Answer

Just had the same problem happen a month ago. The kid was turning off the old CPVC shutoffs & the pipe snapped in his hand & flooded the old bathroom flooring. For some reason this CPVC crap was installed back 2005 & its very fragile. Also have had very old copper plumbing joints fall apart especially if they used the thin gauge Cu pipe.

Basically the kid using the shutoff that caused the break was proactive to say the least in identifying a problem you would have had later if you ever had to use the shutoffs yourself.

But we were lucky when the same kid decided to use the wrong sized screws for the new sub flooring....

DW Hancock · Answer

Nor am I a lawyer...however, it seems from what I've gathered that when working with plumbing past a certain age, it is reasonable and foreseeable that pipes are likely to break.  Therefore, it is not only prudent, but an essential step to turn the water off at the meter.

DW Hancock · Answer

The job was to disconnect the plumbing in order for the countertops to be installed.  The water to the unit was not shut off prior to working on the plumbing.  The helper was turning off the valve and the pipe broke off in the wall behind the valve.  The handyman's position seems to be that the plumbing is old and the pipe broke, our problem.  Yet, had the helper taken what we believe is the proper step to turn off the water at the meter, the pipe may have very well broken, but there wouldn't have been a flood!  Turning the water off at the meter should be, IMO, plumbing 101.

The guy totally freaked and had we not been there to help locate the meter, get it turned off and mop up all the water, I can't imagine what would have happened.  The helper later kept saying, "if someone had just told me to turn the water off, I would have."

To clarify, the mold issue was mentioned by the owner of the downstairs unit, not the handyman.  Agree that mold should not develop in such a short time period.  We are concerned he is setting us up for $$$ in the future.

Kevin Sobilo · Answer

@DW Hancock, please explain the details a little more. I think there are some fine points that could make ALL the difference.

You said, the water main wasn't shut off. Why should it have been shut off when the handyman's work was complete? Is it obvious that it should have been shut off at that time?

What did the handyman do to break the pipe? If something happens that isn't clearly related to a negligent action by the trades-person, then I doubt he would be responsible.

Example: You hire someone to replace a couple shingles they blew off the roof. When they go up on the roof, their foot goes through a section where the decking is rotted. The damage wasn't caused by the trade-person's negligence. They would not be liable for the damage.

Bill B. · Answer

Either there’s something you’re not telling us or the Judge will explain where his responsibility ends....

“You see your honor I accidentally lit his couch on fire and it burned down the building, so obviously I owe them a new couch...”

There should be zero mold. Get his insurance bond and license info and give it to your insurance company. get it fixed so you’ll have receipts for court and proof that damage didn’t occur because you didn’t fix it right away.

In many locales you can submit a claim with the licensing department. Here they collect a fee to use as an insurance for claims against contractors.

Bill Kramer · Answer

Hes bluffing, and hoping you will buy his BS. That show his character right there.

If his guy broke a pipe, he is responsible for the repair. Yes, he can't go past the valve, but the one that he can't go past is out in the yard at the meter.

Tell him if he doesn't cover it, you will hire an actual plumber to prove it was his fault, and then you will go after his bond. That's what bonds are for.

He touched it, he owns it. Good or bad.

Is the Handyman at Fault?

Most Popular Reply