Question about a general contractor's waterproofing/basement work?

Question

In 2/ 08, our basement flooded. We didn’t have a waterproof system, so everything was torn out. The contractor put in a baseboard, trench, and sump pump (with battery and backup pump). He verbally warranted his work for life and said it would be in writing when he is paid in full.

Last week, the pump stopped working. We called the contractor and a new pump was installed.

Tonight, we went downstairs and there was an inch of water on the floor. We immediately called the contractor. He told us that the pump had failed and went to get a new one. He told us that he had originally installed a 1/3 pump and it couldn’t handle the workload. To “hopefully fix it,” he installed a 1.5 horsepower pump and said we may need to get a ¾ pump.

My question is: should the contractor be responsible for knowing that a smaller sump pump will not work in a high water area (which HE mentioned)? My furniture and new walls are ruined… what are my options?

Answer 1

When you rely on some thing mechanical you will always. have a problem. A basement should be able to handle a pump failure etc other wise you will have problems for ever.

An undersized pump is the contractors problem. This is typical of contractors they work down to a standard. I believe you should work above mini mun standards etc

Answer 2

I would say that the contractor is responsible... as a professional it is up to him to know or find out what the proper size pump is. You hired him as an expert to supply and install the right equipment. He evidently did not do so.Did he charge you for the second (1/3 HP ) pump or did he honor the warranty?