Consumer Law, Warranties Warranty is up, but incorrect pipe may have caused flood

[rougegorge]

My jurisdiction is: Illinois

In February of 2008, I had an inside pipe freeze and burst, which caused flooding to three levels of my home and a total of about $120,000 in damages. My home was no longer under warranty, but the plumber pointed out that the copper piping that froze and burst was not up to code. I'm not sure if the burst pipe was a direct result of the pipe not being up to code, but I do know that an inside pipe should not have frozen, if the home were built properly.

When I called the Village to ask about the situation, they said they would definitely contact the builder, as no inside pipe should have frozen. I did contact the builder, who agreed to come over and take a look at the situation to try to help me, but it didn't take long for them to hit the road. They said they would be back the next week to see if the wind was blowing the right direction to feel the cold air up in the room where the pipe burst, but I never saw them again!!! I was then contacted by the Vice-President of the company and told that they didn't have to help me, as my home was no longer under warranty. The day the warranty manager came to my home, he mentioned that they had never had a frozen pipe in the history of the company. He didn't believe that I did either, until I showed him the pipe!!


Do I have any recourse against the builder? The room is still freezing and I am scared to death it's going to happen again!!!

Please advise me on what type of attorney I would need to hire.


Thank you,


Robin

 

[dee_dub]

Who or what is the Village, and what say do they have in this?

Look first to the terms of your warranty. What does it say about the damage, when does it expire?

If you're not covered under the warranty, perhaps you still have a suit against the company for negligence for not building to code.

 

[rougegorge]

It is the Village of Plainfield. About a month after the flood, I contacted the Village of Plainfield to question the inspection process. At the time, the guy told me that I should be contacting the builder because there is no way that an inside pipe should have frozen. My townhome is no longer under warranty, as I purchased it in November of 2004. I believe it MAY be a coincidence that wrong piping was used and I had a flood. At any rate, there is definitely something wrong with the structure of this townhome. It is just as cold in that room now, as it was last February when the pipe froze. I am not even able to sleep with the weather this cold, as I am sooooooo afraid it is going to happen again.

What I know for sure is that my warranty is up. I am currently waiting for the information about the plumbing company under the "Freedom of Information Act" from the Village of Plainfield. I do believe that the plumbing company is out of business. I also have incredibly LOUD banging noises in my unit when someone in another unit flushes their toilet!!!!

I believe there is a building error that is causing the room to be so cold upstairs and probably what caused the pipe to freeze and burst. However, I also know for a fact that "M" piping was used in my unit and "L" is code. I have the foot-long piece that split open where it burst. If that part of my piping isn't up to code, neither is some or all of the rest.

What type of attorney do I look for? Do I have any recourse since my warranty is up??

Is there a one-year limit for me to do anything about this? If so, I only have until February 11th. I really need to get moving, but I just don't know where to start.

Isn't there a building association that I can turn this into so they can investigate? It seems that there is an association or organization for everything else - A.R.D.C. for attorneys, there's a commision for insurance companys, etc. Isn't there something to keep builders honest? If not, then I will find an attorney, but what kind do I need? I don't think it's a warranty issue as much as a building issue, but I'm not positive. I just need to get to someone who can help me.


Please advise.


Thank you,


Robin