Alleged negligence related to service

Randomtask3748

New Member
Jurisdiction
Michigan
I am hoping I am putting this in the right place; as the individual has stated they would file in small claims. I am just trying to get a perspective on the merit of this. I appologize if there is too much back story.

On May 30, 2017 I preformed the installation of a reverse osmosis water filtration system at a local residence.

On October 2, 2017 I was contacted by the home owner and informed that the system was leaking, since the begining of September.

They had contacted a local plumbing company and had a service call, which was preformed on September 11, 2017.

The home owner has alledge that the plumber they hired for the service call, stated that the leak was caused by improper installation of the reverse osmosis system.

The plumbing company preformed no corrective action, and it was alledge they informed to customer to contact me.

I did responde to the request to look at the system and did so on Thursday, October 5 2017.

Once I arrived, I saw no real evidnce of a leak, there was however a small crack in the PVC pipe for the drainage system, where the reservse osmosis system connects. (These systems connect to the drain via a fitting and a small hole which is drilled into the pipe)

The damaged section was replaced and the sink tested for several minutes and there were no leaks found.

I asked the customer to provide me with a copy of the invoice from the other company and I would pay the $59 service call fee they were charged.

Shortly after I left I recieved an email that stated, the home owner did not have a receipt for the other companies service call, however, he could provide me with a screenshot of the transaction.

Later that evening I recieved an email from the customer stating that the leak was significantly worse now, that he would be contacting a plumber in the morning and would be sending me the bill.

He contacted the same company he contacted the first time and scheduled an emergency appointment for Sunday Oct 8th.

On October 9th the home owner contacted me and attempted to send the invoice but I was unable to receieve it. It took until October 11th for the home owner to successfully send the invoice and screen shot. The service call was for nearly $700

The screen shot for initial service call is just a .docx file with a single line of text typed on it. Hardly a receipt or screenshot of a statement.

bGNVqb
https://ibb.co/bGNVqb

The invoice was a lot more complete

fxrjGG
image1

The summary of work reads:

"After inspection of drainage system under sink I found that it was not connected and leaking water through to basement.

The drainage system had to be pulled appart and renovated to proper size.

To do this we had to pull the disposal system out to bet the drainage system... Also in basement where drainage goes through the floor there was no support so when disposals was used the drainage system would come lose and start leaking.

This also had to be fixed to eliminate futher leaks"

The garbage disposal and portion of the dainage pipe that would attached to the sink basin was not touch as part of the inital installation or as part of a follow up repair. There are detailes manufacture instruction for the installation that back that up.

At this point he claiming he will file a suit for the two service calls, the inital work preformed by myself, his time, filing fees, costs for the plumbers time to act as a witness, etc. which based the fact that he adds things everytime he contacts me, is largely just bluster, in my oponion, but I'm no legal expert.
 
Let me show you where you made your fatal mistake:

Later that evening I recieved an email from the customer stating that the leak was significantly worse now, that he would be contacting a plumber in the morning and would be sending me the bill.

That was the EXACT moment in time that you should have said "I'll be right over."

At this point he claiming he will file a suit for the two service calls, the inital work preformed by myself, his time, filing fees, costs for the plumbers time to act as a witness, etc. which based the fact that he adds things everytime he contacts me, is largely just bluster,

Do you really want to take that chance?

I've sued contractors for a lot less (and won). I suggest you get your butt over to the customer's house, inspect the installation, and try to work out a settlement (IN WRITING) that you both can live with. Otherwise this fiasco could cost you thousands if you end up in court.

Don't make the mistake of thinking this will go away if you just sit on your thumbs.
 
I did offer to go over, I was told that I was not welcome as I could not correct the problem the first time...

Secondly, I never said, that this would simply go away, just curious as to thoughts on this guys chances of winning, if he did indeed move forward.
 
I did offer to go over, I was told that I was not welcome as I could not correct the problem the first time...

You didn't mention that before. Refusing to allow you back to re-inspect might or might not work against him.

just curious as to thoughts on this guys chances of winning, if he did indeed move forward.

All he needs to show is that the repairs were necessary due to your mistake and he wins. Not saying that's what would happen, just that it could happen. There really aren't any guarantees and no way to predict.

However, what bothers me about the description of the work is this:

"Also in the basement where drainage goes through the floor there was no support. So when disposal was used the drainage system would come loose and start leaking."

Seems to me that the lack of support of the drain line in the basement was an existing condition that shouldn't have had anything to do with your installation and, even according to the plumber, the leak was caused by the operation of the disposal, not by the operation of your installation.

I'm thinking that part of the bill shouldn't be attributed to you.

How much of that bill are you willing to pay to get out from under?
 
I agree, it sounds as if the plumber actually helped you out with the description of the problem. A pre-existing problem with the size of the drain and support in the basement has nothing to do with your installation of the RO system.
Having denied you the opportunity to inspect and correct the problem you may not be responsible for anything.
 
Agree, Keep everything from the customer that states you are no longer allowed there. If they refused your request to inspect, repair the issue it could go against them.
 
Back
Top