home now uninhabitable

[Bev P]

Jurisdiction

Virginia

If someone's negligence forces me to move out of my own home, what kind of claim do I have?

A contractor ruptured multiple rainwater runoff drainage pipes while working on my property, and refused to repair them. My house subsequently flooded during heavy rainstorms, and eventually mold developed to such extreme levels that an inspector declared the house uninhabitable.

 

[adjusterjack]

A potential negligence claim.

That's all I can tell you without more details as to who did what and why you had to leave your home.

 

[flyingron]

If you knew that the pipes were damaged in a way that would cause the damage if it rained, then you're going to have to accept some of the blame. He likely is only responsible for the cost of repairing the damaged pipes. When he refused to do so, you should have taken the impetus to have them repaired and sued him for the costs.

 

[cbg]

How much time elapsed between the rupture of the pipes and the inspector declaring the house uninhabitable?

 

[Bev P]

It was a year and a half.

 

[Bev P]

If you knew that the pipes were damaged in a way that would cause the damage if it rained, then you're going to have to accept some of the blame. He likely is only responsible for the cost of repairing the damaged pipes. When he refused to do so, you should have taken the impetus to have them repaired and sued him for the costs.

I did spend a good amount of money trying to get the pipes fixed, but it was a complicated web of pipes in a complicated spot, so the fix didn't completely solve the problem. I was unable to afford further repairs, and the best I could do was mop up every time there was water infiltration, and run heaters, fans, and dehumidifiers.

 

[Bev P]

If you knew that the pipes were damaged in a way that would cause the damage if it rained, then you're going to have to accept some of the blame. He likely is only responsible for the cost of repairing the damaged pipes. When he refused to do so, you should have taken the impetus to have them repaired and sued him for the costs.

That's interesting to know. I did start legal actions--long before the mold appeared, but it's been a slow-moving process.

 

[justblue]

I did spend a good amount of money trying to get the pipes fixed, but it was a complicated web of pipes in a complicated spot, so the fix didn't completely solve the problem. I was unable to afford further repairs, and the best I could do was mop up every time there was water infiltration, and run heaters, fans, and dehumidifiers.

When this happened did you submit a claim to your insurance company? Is the contractor licensed/bonded?

 

[Bev P]

When this happened did you submit a claim to your insurance company? Is the contractor licensed/bonded?

Yes, the contractor is licensed and I assume bonded.

I did contact my insurance company after the initial damage, but they said they didn't cover "bad contractor work." Later, after the mold developed, I tried again. This time the answer was the same in terms of the main policy, but the independent adjustor discovered I also had a small rider for broken service lines. I filed a claim, and they have been waiting on a repair quote for almost three months, which I finally received today (after talking to seven contractors). I'll be submitting the final items they need for the claim on Monday.

 

[zddoodah]

If someone's negligence forces me to move out of my own home, what kind of claim do I have?

Probably a negligence claim, but it's impossible to say for sure without a thorough review of all relevant facts and evidence.

I did start legal actions--long before the mold appeared, but it's been a slow-moving process.

How odd not to have mentioned this in your original post. If you already "start[ed] legal action[]," then why was your on question "what kind of claim do I have"? Assuming "start[ed] legal action[]" means that you filed a lawsuit, then you already know what cause(s) of action you alleged, right? Do you have an attorney?

and I assume bonded.

Not a good assumption since Virginia does not require all contractors to carry a bond. Since you sued, you should have included any bonding company as part of the lawsuit.