Legal Question in Construction Law in North Carolina

Contractor used wrong materials...cauing H2O damage.

The contractor that built our condo used the wrong materials in the shower, causing the shower to leak behind the walls and under the floor, thereby; causing mold to form on the walls and carpets.

The contractor agreed that the wrong materials were used and said that his insurance would take care of the matter...several months later nothing has happened.

We have used our own money to fix the problem...what recourse should we take? Sue the contractor, insurance company or both? We just want to get our money back for fixing the contractor's mistake.

We are trying to sell the condo as well. Can we still sue even if the condo has been sold?

Any advice would be most appreciated.



Asked on 7/29/04, 7:33 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: Contractor used wrong materials...cauing H2O damage.

In general, you would have to sue the contractor, and you cannot sue the insurance company. (It is also not clear whether the General Contractor's insurance would cover the loss.) You can probably still sue after you sell the condo, but that does raise a question.

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Answered on 7/29/04, 10:33 pm

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