Massachusetts | Real Estate Law
Legal Question
Hi,
Our builder cracked our drain pipe which connects to our dishwasher and sink. The contents of our sink and dishwasher emptied into our finished basement for 3 days before we realized there was a problem. The builder put the claim through his liability insurance which only covers actual cash value (less depretiation). The builders insurance company suggested I claim through my homeowners policy, but I don't want to since it may increase my home owners insurance rate for years to come. Since our rug is 7 years old, they told me they will pay me for the rug minus depreciation. We are already paying our builder a good deal of money for our project and now we will have to contribute to replaing our carpet? Is there anything I can do? Should I hold back money from the builder on our project or could I bring him to court to recoup the difference? They keep asking me to claim through my home owners since it will pay 100% for the carpet (replacement value) and then they could recoup some of the money later from the builders insurance policy (called subrugation?). I'm afraid to do that as I don't want my home owners premiums to go up. Any advice would be greatly appreciated. Thank you in adavnce.
Sincerely,
Ellen
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