Question about general contractor / flooded basement?

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 (HE mentioned it was an area that has a lot of water)? My furniture and new walls are ruined… what are my options?

Answer 1

Yes, the contractor should have known what size pump to install and he should be liable for the failure of the sump pump and the damage. If the contractor  is insured, his policy should pay for the damage. If he does not cooperate, you may want to threaten to report him to the registrar of contractors. I have a basement in Arizona and even though we only have rain during monsoon season, the rains come down hard and fast. Thankfully, my pump is working great and we have had no floods. Also we have to keep an eye out for sink holes outside. I had an engineer tell me that if your yard is landscaped, it helps to prevent sink holes and basement flooding. Good Luck.

Answer 2

The contractor should be knowledgable enough to know everything before doing their job. Making a home improvement is very sensitive case, there is no place for such an error or everything will have a ruin. I planned for home renovation and search for a general contractor online. At first I was aware that some contractors are not that good enough and I don't want to waste my money, I need a professional work. So a friend of mine refered http://www.newyorkgeneralcontractor.com/ and I am very satisfied with their work and the result of my home.

Answer 3

Assuming that you hired a State licensed general contractor, the first thing that you should do is to try to resolve the issue with him.  If he is not willing to cover your loss, then you should file a report with the local Registrar of Contractors.  His insurance should cover the damage caused by his mistake.  If he is not a licensed contrator, then you're out of luck, there really isn't anything that you can do to recover any losses.  That doesn't mean you can't sue him for damages, but you don't have much of a chance to win, and it will cost you way more to hire a lawyer.

Make sure you document everything, if promises are made via the telephone, make sure you follow up with a letter or email to confirm what was said.  Do not authorize him to do any further work unless if he agrees that the original scope of work will be repaired at his expense.  If he will not do that, then there isn't much chance that he will pay for any damages caused by his error.  That leaves you no choice but to report him to the registrar of contractors.  They will help you with what options you have.  They are there to protect the consumer and the reputation of good contractors.