13 February 2019
 Categories: Law, Blog

If you've had a plumbing disaster in your newly constructed home, then you probably think your warranty would cover it. Well, not exactly. Your new home warranty is very specific in what it covers, and your plumbing problem may not be on the list. A manufacturer's warranty may cover then damage, but only under certain circumstances.

Here is more information about ways your new home could be covered for plumbing damage and who to hold responsible if the warranty doesn't cover the damage.

Warranty Coverage

If your home is less than a few years old, then chances are that your plumbing issues are covered by your warranty. Warranties generally cover both the part and its installation. However, read your warranty contract carefully because your recovery may be limited. The warranty may only cover the removal and replacement of the original part, not the entire amount of damage its failure caused.

Manufacturer Liability

Manufacturers may be liable if the defective part fails prematurely. The liability could also extend to any damages caused by the failure. However, you must be ready to prove that the part was installed and used correctly. If the contractor took "shortcuts" and used substandard parts or fasteners during construction, then the manufacturer may be off the hook.

Contractor Liability

The contractor may be liable if he or she failed to follow the design plans or substituted substandard materials or workmanship. The contractor may also be liable if they saw a flaw in the plans, but failed to mention it to the owner. If a subcontractor did the work under the contractor's guidance, then the contractor may be liable if the subcontractor's work was not properly supervised or inspected.

Personal Liability

You may be personally liable if you, personally, did anything to cause the damage to happen through improper use or modification. If you have performed any upgrades or modifications to the failed part on your own, then you may have voided any warranty of that item and released the contractor and manufacturer of any liability. If this is the case, then you will have to absorb all the costs yourself.

While not every home is perfect, your new home should not have any significant defects that can cause major damage or put you or your family at risk. The problem is that you may have a hard time getting anyone to admit liability. Even if you have someone clearly to blame, they may be resistant to compensating you. If your newly constructed home has major plumbing issues, or other defects, and you can't get the contractor or manufacturer to fix the damage or the warranty company to pay up, then you need a construction attorney to help you.