Massachusetts  |  Real Estate Law

Legal Question

Asked on: 8/27/08, 1:08 pm

Am I responsible for water damage?

I live in a condo on the second floor. My neighbor downstairs had water damage in walls and under hardwood floor from a pipe leak. They called the plumber who installed the plumbing 4 years ago and who is still on site doing plumbing work on continuing construction. They opened the wall and found a carpenter had punctured my hot water pipe with a nail when installing floor molding. The nail held all this time until last week when it rotted and burst open. My neighbors are looking at me to pay for the repair costs because it was my pipe and the pipe is my property. My insurance adjuster says it's not covered because there's no negligence, and it's beyond my control and unpreventable and unforeseen. My neighbor is angry with me because he feels I should pay to repair his walls and hardwood floor. My neighbor believes my pipe was not installed in the location is was supposed to be because the plumbing inspector, at the time of inspection, told the plumbers they had to install a different T-pipe drainage than was required in other units at this complex. He said the carpenter did not expect the pipe to be where it was. ???? Can anyone give me some guidance?? I don't think I am responsible.

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