AN OPEN PERMIT AND NO CO

[NOTHINGBUTHEADACHES]

A PERSONAL RESIDENCE WAS BEING UPGRADED TO CURRENT CODES IN ORDER TO BECOME THREE ADU'S. THE PERMIT WAS OPEN, THERE WAS NO CO AND WHILE THE RESIDENCE WAS VACANT, THE BOILER STOPPED WORKING, THE DRAIN (WHICH HAD DRIPPING FROM THE FAUCET TO PREVENT FREEZING PIPES) FROZE, THE WATER OVERFLOWED. THE CONTRACTOR WAS NOTIFIED. HE SET A LARGE HEATER IN THE HOUSE, THE BOILER WAS FIXED. TWO DAYS LATER, HE HADN'T RETURNED TO CHECK ON THE RESIDENCE. A PIPE HAD BURST AND THE ENTIRE BASEMENT WAS FLOODED AND THE FIRST FLOOR DAMAGED. ALL THE WORK THAT HAD BEEN DONE OVER THE PREVIOUS 10 MONTHS WAS RUINED AND HAD TO BE TORN OUT. WHO IS LIABLE? THE HOMEOWNER OR THE CONTRACTOR?

 

[chasnr]

Was the scope of work for the contractor to include the boiler originally? Sounds like he was doing a favor by putting the heater in the house. Did the contractor fix the boiler?
This is certainly a tricky one.

 

[W3 Planning and Research]

A PERSONAL RESIDENCE WAS BEING UPGRADED TO CURRENT CODES IN ORDER TO BECOME THREE ADU'S. THE PERMIT WAS OPEN, THERE WAS NO CO AND WHILE THE RESIDENCE WAS VACANT, THE BOILER STOPPED WORKING, THE DRAIN (WHICH HAD DRIPPING FROM THE FAUCET TO PREVENT FREEZING PIPES) FROZE, THE WATER OVERFLOWED. THE CONTRACTOR WAS NOTIFIED. HE SET A LARGE HEATER IN THE HOUSE, THE BOILER WAS FIXED. TWO DAYS LATER, HE HADN'T RETURNED TO CHECK ON THE RESIDENCE. A PIPE HAD BURST AND THE ENTIRE BASEMENT WAS FLOODED AND THE FIRST FLOOR DAMAGED. ALL THE WORK THAT HAD BEEN DONE OVER THE PREVIOUS 10 MONTHS WAS RUINED AND HAD TO BE TORN OUT. WHO IS LIABLE? THE HOMEOWNER OR THE CONTRACTOR?

Unfortunately this is a question for an attorney and not a permitting forum. I would recommend consulting a local real estate / contracting attorney for a consult. They are usually free or very inexpensive. I would also recommend speaking to the insurance company as they may just take this claim over all together and do the heavy lifting.