Plumbing nightmare - legal recourse

Michael Harris

New Member
Jurisdiction
New York
Hello,

We have recently had a plumbing nightmare and I am seeking advise regarding legal recourse.
We paid a plumber $12k to fix our sewer line using a lining at the end of last year as it was constantly backing up. The plumber said he would provide us with a receipt, an 8 year warranty and a video of the work he's done once completed. It took me literally months to get the receipt with 8 year warranty written on it and we never received the video. However on multiple occasions we've had water backing up after his work. Back in January he came and unclogged the pipe and said he would come back to inspect the work and repair any issues. It has been months of us constantly asking him when he will come to do this and he has continuously provided dates and times and has not shown up. About two weeks ago the sewer was clogged again and we told him it was an emergency and we can't use water. He continuously told us he will arrive to address the problem, kept giving different times and has not shown up (this is all recorded in text messages). Then he said he was in an accident, and he kept making excuses on why he isn't showing up and left us without water for 4 days! We had to hire another plumber to unclog the pipeTo this date he has not shown up. It is obvious that the work he performed did not address the issue and has actually made the situation worse (the pipes are much harder to unclog). The new plumber says that he believes that the lining is messed up and that the only way to repair this is to replace the pipe. We found out from this other plumber that installing linings on pipes in NY is actually illegal in NY and against the plumbing code. We did not know this when we commissioned the work, we took the course of action recommended by the professional we hired. As our old plumber is a pathological liar and will obviously not come and correct the damages, we are wondering what our legal recourse is? Small claims is up to $10k and I honestly would like to the full amount back along with the costs for the other plumber we had to call reimbursed to us so that we can properly repair the pipe. What type of lawyer do I need and do I go after breach of contract for warranty? Fraud for doing an illegal repair that doesn't work or some other suit?
 
What type of lawyer do I need and do I go after breach of contract for warranty?

Any lawyer to whom you are willing to pay a large retainer and an hourly rate. This is business law 101. Call up a few lawyers and ask if that's what they do.

Sewer lining is illegal in NYC.

NYC Department Of Buildings States Pipe Lining Is Not Permitted (balkanplumbing.com)

If you are outside of NYC you'll have to find out if it's illegal throughout the state.

I don't have time to read this:

Model Sewer Use Law (ny.gov)
 
Remember that the attorney will charge you (this isn't something they do for free). The cost of the attorney will likely exceed the difference between the small claims cap and what you could hope to win in a lawsuit, and those fees aren't recoverable (unless your contract allows for it). Additionally, you have to factor in the chances you have of actually collecting any judgment you receive.
 
Assuming it's illegal. Would the blame on us for having him do the work or on him for recommending this illegal course of action and performing the work?
 
Collecting on the judgement costs money? How difficult is that? I assumed we identify the assets and ask the sheriff or police to collect no?
Don't skip the important matter of the cost of an attorney.

There's a lot of ground between identifying assets and getting money into your pocket, assuming you can even identify any non-exempt assets.

Collecting a Judgment | NY CourtHelp


When you hired the contractor, did you verify that he was licensed? Does he have a bond? If yes, then perhaps you can go after his bond.
 
Assuming it's illegal. Would the blame on us for having him do the work or on him for recommending this illegal course of action and performing the work?

In case you didn't read it, I'll post it again.

NYC Department Of Buildings States Pipe Lining Is Not Permitted (balkanplumbing.com)

And I'll quote from it.

this bulletin will provide conclusive evidence for pending and future court actions to recoup large sums of money spent on illegal and faulty sewer lining and pipe lining installations.

It's clear to me that the blame goes to the contractor.

Again, that's NYC and you haven't said where your property is.
 
It sounds like you have a very viable case...just remember that collecting is on a judgment is much more difficult than obtaining a judgment.
 
We just looked him up and we dont' believe he is licensed.

That makes things worse. You'd probably win the lawsuit based on what I posted earlier. Probably by default because he won't show up. He won't have any money and little or no assets. He'll have no wages to garnish because he works job to job. He doesn't likely have any bank accounts and uses check cashing agencies which he makes a beeline for as soon the check is handed to him.
 
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