Legal Question in Construction Law in Utah
Mold caused by plumbers error
Our new condo is less than one year old and therefore is covered by the builders warranty.
The plumber did not install the hot water heater properly and this has resulted in a leak and mold.
The builder/plumber is trying to claim that we need to pay for half the cost of a mold inspection and clean-up.
If the builder is not agreeable to covering all the costs under the warranty, would we have a valid case in suing them for the repairs, clean-up, medical expenses (our family has had some nasty respitory infections this winter), accomodation during mold clean-up, and ''pain and suffering''?
1 Answer from Attorneys
Re: Mold caused by plumbers error
In general the answer to your questions are "yes." There may be a limitation on liability in the agreements you may have signed with the builder. Give the builder written notice, return receipt 10-15 days to repair the problem. Include in the notice that if the work is not completed satisfactorily at that time, you will hire another contractor to do the work and bill them for the cost. Make sure you know everything that has to be done to make the repairs 'proper.'
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