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Residential Construction Malpractice Question/Attorney recommedation - Wilco

1,872 Views | 9 Replies | Last: 4 yr ago by Reed McDonald 92
Reed McDonald 92
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How long can you sue for malpractice?

We had a bathroom re-do more than 2 years ago. Due to the plumber's use of the incorrect fittings for the piping in my house, plumber's work caused a leak that cost us a LOT of money. The leak was discovered less than 2 years ago. Do I still have time to sue?
JAW3336
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Was it not covered by insurance?
Aggietaco
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Quote:

A claim arising out of the design, planning, or inspection of construction of an improvement to real property or equipment attached to real property is subject to a ten-year statute of repose. The statute of repose begins to run at the date of substantial completion of the improvement or the beginning of operation of the equipment. This period may be extended for two years if the claimant presents a written claim for damages.

Aggietaco
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And sorry, didn't read your full question. 2 years from date of discovery, I believe.
Aggietaco
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And sorry, didn't read your full question. 2 years from date of discovery, I believe.
Reed McDonald 92
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JAW3336 said:

Was it not covered by insurance?
His or mine? My insurance covered a lot of the bill. But I paid more than $4k for the deductible and several other items. And that was just the money out of pocket.
I left out all the details-- I called the original plumber when I noticed water leaking out of the walls of the garage. He came out to "fix" the issue only to accidentally jackhammer through my main water line leaving my family of 5 without any water (except the outdoor hose bibs) for 2.5 days. Then he left us high and dry (pun intended) when he didn't have the correct fittings for Kitec pipes, telling me to find another plumber.
So, we had to find another plumber who had access to the fittings. He confirmed the original plumber had no idea what he was doing (should have worked within the wall at the manifold in the first place, but did it all in the slab, among other WTF things).
I would have sued sooner, but I am one of the fools who hired Jorts to represent my case. So, that's another $1k I'll never get back.
Reed McDonald 92
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Aggietaco said:

And sorry, didn't read your full question. 2 years from date of discovery, I believe.
Thank you for this information, sir!
CapCity12thMan
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Chris McMillan - he's an Aggie too...

https://www.linkedin.com/in/christopher-mcmillan-22230916a/

I did not retain him for my issue, but had good feelings about working with him. My dollar amount just didn't make it worth it to fight, hence me not retaining Chris.

JAW3336
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Your insurance was my question, sucks that the plumber was an idiot. Glad your insurance covered you and kept it from being a much bigger expense to you. Hope you are able to sue and recoup the cost and pain in the a$$ fees.
CapCity12thMan
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I'll add...if you are looking to recoup <$15k I wouldn't waste your time with an attorney. Go to small claims and see what happens and try to get as much as you can up to that limit. Even then likely you never get settlement paid.
Reed McDonald 92
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Thank you for the replies, folks! This is helpful. Take care of yourselves out there.
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