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Leak from condo building pipe caused damage to my unit

Discussion in 'Homeowners, Fire, Casualty' started by Jaymes, Oct 20, 2020.

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  1. Jaymes

    Jaymes Law Topic Starter New Member

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    Jurisdiction:
    New York
    I have a high end condo in NYC which I rent out. A week ago there was a leak from a faulty building pipe that caused sheetrock damage and warping in the oak floors. By building pipe, I mean the plumbers established the pipe that leaked was the responsibility of the building and not an individual condo unit.

    Two other units in the building were damaged as well including the condo board president's unit. The condo board filled a claim for all the units and got an estimate from the a contractor they frequently use for repairs.

    I am fine with the contractor repairing the sheetrock. Repairing the floor is somewhat tricky. The damaged floor is part of an open floor-plan. The damage is in a hallway leading into a large 600 square foot living room. The damaged oak boards need to be pulled out, new boards installed, and stained to match. Getting an exact match is near impossible. That will leave a stain line between the old and new boards.

    My questions are:
    1. Am I entitled to have the entire open space (600 sq ft) sanded down and re-stained? That would make me 100% whole. Assuming my tenants are ok with that amount of work being done. I'd schedule it for when they are out of town for the holidays.

    2. I am not comfortable with the quality of work this contractor does. He has painted the common hallways and he does quite a sloppy job. Can I request a professional flooring contractor do the work?

    3. Should I file my own claim against the building's insurance? As of now the board president filed the claim for all the damaged units.

    Thanks.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    This is a question that comes up thousands of times on insurance claims. Insurance pays to repair damage. Not to fix 600sf of undamaged area. You can, of course, have the entire area sanded and refinished and you pay the difference.

    Sure, you can "request" it. No way to predict the results. And, as in the answer to your first question, you can probably hire whoever you want and, if it costs more, pay the difference.

    To what purpose? You'll get the same adjuster who will just tell you that the claim is already handled.
     
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  3. Jaymes

    Jaymes Law Topic Starter New Member

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    Thanks. The building's contractor is a really a painter who knows other trades. I'd prefer to get a flooring pro fix the floor. My guess is that it won't cost that much more.
     
  4. Zigner

    Zigner Well-Known Member

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    Speak to your insurance - they will subrogate the matter if they handle the matter for you.
     
  5. zddoodah

    zddoodah Well-Known Member

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    Filed a claim with whom? Keep in mind that there may be multiple insurance policies in play here.

    I assume what you're really asking is whether you can require that someone else pay for the work. The answer to that question is that there are too many unknown facts to know. For starters, we know nothing about the applicable insurance policies in play or the governing documents of the condo association. We also don't know whether the leak was the result of negligence for which someone can be held liable or whether this is entirely an insurance issue.

    You are free to request anything you like.

    I don't know. Are you an insured under that policy? Is there something you think was deficient in what the board president has done? Have you made a claim against your own condo owner's policy? It may be that your policy won't cover the damage, but there's no reason not to make a claim.
     

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