Legal Question in Credit and Debt Law in Florida

A licensed plumbing contractor is hired to change 4 cut off valves under the kitchen sink and install a new water heater. One of the four cut off valves a cold water line is turned off. The owner is unaware that this valve is turned off. The valve was in the off position when the plumber began work. The valves are installed and all 4 valves are turned on. The home owner was never asked by the plumber why one of the valves was turned off. The plumber never asks the home owner if he wants the valved that was turned off turned on. Two days later the homeowner discover extensive water to the drywall his kitchen cabinets are attached to. Investigation reveals that the line that was turned off was an abandoned water line for a refrigerator to produce ice and cold water. The line had been abandoned in the ceiling above the kitchen cabinets by an unknown previous owner of the house. The line was not properly capped and leaked water from the ceiling to the wall behind the kitchen cabinets The contractor refuses to take any responsibility for the extensive water damage. The dollar amount of damage based upon outside quotes exceeds the amount demanded by the plumbing contractor. A stop payment on the check issued to the plumbing contractor has been successful, The contractor next move will be to place a builders lien on the property. What are the homeowners rights


Asked on 7/19/23, 7:52 am

2 Answers from Attorneys
DMD PA DMD Law, PA

Sounds like a law school question. There are important facts missing to answer this question.

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Answered on 7/19/23, 11:47 am
Barry Kaufman The Law Office of Barry W. Kaufman

In addition to the previous answer, the homeowner made a very bad decision to stop payment on the check. The plumber did the work. The correct response was to either not pay the plumber at all or sue the plumber for the amount of the work done. Stopping payment could expose the homeowner to a suit for the face amount of the check PLUS 3 times the face amount of the check.

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Answered on 7/19/23, 2:27 pm


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