Legal Question in Civil Litigation in Utah

Water damaged neighbor's condo

A few months ago, one of the pipes broke in our condo and water seeped into the neighbor's condo. We have tried several times to gain access to his condo so we can repair the damage - he refuses to allow us (and our contractor)entrance. He has asked for money instead, which we declined to pay. He is now suing us. Are we still reponsible for the damage done to his condo?


Asked on 9/02/06, 4:52 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Water damaged neighbor's condo

You are responsible to pay. However, you are entitled to inspect the damage and to get your own estimates for the cost of repair. Neighbor does not need to use your contractor, but cannot charge you more for the repair than the reasonable cost of repair. If the neighbor's failure to allow you timely access to his condo caused more damage (mold?) then he cannot charge you for that amount. Neighbor has a duty to mitigate (lessen) his damage and cannot do anything to increase his damages.

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Answered on 9/05/06, 11:26 am


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