Submitted by Sheap on Tue, 10/12/2010 - 10:56
Posted in
My neighbor upstairs had a contractor do some sub par renovations a few months ago and they drilled a pipe. 3 months later it caused water damage to my unit and the common area. Their insurance co. does not hold them responsible for the damages and will not cover the cost to repair my unit or the common area. I called my insurance co. but I don’t think that I should have to open a claim for their contractor’s short comings, their pipes and their water. It just looks like a bad loop hole. Any advice or directions?
Condominium Damage
You should probably start by looking at your condo docs to see if there are any provisions requiring unit owners to cover the cost of damages caused by them OR people hired by them. Two things are certain here: You are not responsible, and the contractor (and perhaps the unit owner) are.
If you don't want to bring your insurance into the fray (your insurer will then decide if it needs to sue someone to recover the losses) then you will need to send demand letters to the other unit owner and to the contractor. I believe people are more likely to respond favorably to a demand letter if it is written by a Massachusetts lawyer. Using a lawyer often convinces the other parties that you are serious and not going to go away. An attorney can also help you identify the proper parties to the dispute.
Typically, attorneys will include some language in demand letter indicating that legal action will result if the recipient does not take appropriate action. Depending on the amount of damages involved, if the other unit owner still refused to pay, you may want to have the attorney pursue the matter. For smaller amounts, you can try your luck in small claims court. One final option: Check to see if the condo docs contain a provision for arbitration or mediation. Good luck.