Any recourse to recover cost of potential repairs, possibly to whole house?

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Any recourse to recover cost of potential repairs, possibly to whole house?

I found a leaky hydronic heat line with mold formation from a staple penetrating tubing discovered a few days ago. The job was installed improperly per another HVAC contractor. Certificate of occupancy May 2005.

Asked on June 22, 2009 under Real Estate Law, North Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

If there was negligence, you should be able to file a lawsuit against the contractor responsible; however, if you bought the house as new construction, you may be limited to a homeowners' warranty claim, and that might require you to go to arbitration rather than court.

You need to discuss all of the facts of your situation with an attorney in your area, to get advice you can rely on.  The law on this subject does vary from one state to another, and sometimes the specific wording in a document makes all the difference.  One place to find a lawyer who can help sort all this out for you is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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