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Old 01-31-2010, 07:52 PM   #16
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Can a contractor bill me to fix pipes he broke?


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I recommend you consult an attorney.
This could be pricey, of course, however, if you google legal aid, you'll find places like "freeadvice.com" etc. and they can answer these questions better.
Agreed though, this IS a DIY site, not a law office.
Now if you need help FIXING the holes, we can probably help.

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Old 01-31-2010, 08:00 PM   #17
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Can a contractor bill me to fix pipes he broke?


Moving to Off Topic since this has nothing to do with DIY
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Old 01-31-2010, 08:12 PM   #18
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Can a contractor bill me to fix pipes he broke?


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This could be pricey, of course, however, if you google legal aid, you'll find places like "freeadvise.com" etc. and they can answer these questions better.
Agreed though, this IS a DIY site, not a law office.
Now if you need help FIXING the holes, we can probably help.

DM
it's freeadvice.com (with a c instead of an s) and do you want my screen name? I will say may post count there is about 5 times my post count here. I seem to fit in well over there.

http://forum.freeadvice.com/

while my advice is not intended to be given as legal advice (because giving legal advice without a license is generally illegal) , I can say it is generally legally sound.

and since we are talking about $2k, if the OP needs much more than a couple questions answered, they will spend more on a lawyer than what they would win and generally the cost of a lawyer is not recoverable.

plus, on top of this, nobody has really gotten into specifics although I alluded to the OP investigating it on their own if they wanted to take opposing actions. Lastly, the general principles are not that difficult to understand and are pretty well settled.
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Old 01-31-2010, 08:18 PM   #19
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Can a contractor bill me to fix pipes he broke?


it's late and i'm tired.....

adviCe

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Old 01-31-2010, 08:31 PM   #20
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Can a contractor bill me to fix pipes he broke?


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it's late and i'm tired.....

adviCe

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Old 01-31-2010, 08:42 PM   #21
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Hi sorry all for posting in the wrong forum. I was interested in hearing opinions but also finding out if there is a depth pool pipes are supposed to be.

I did speak to a good friend who is a litigator but it's not worth paying him to go to small claims court. He does think the contractor has no case though. Court is next week.

Thanks again all.
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Old 01-31-2010, 09:16 PM   #22
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Can a contractor bill me to fix pipes he broke?


I doubt there is a code for pool plumbing, at least for this aspect of it, and as such, there would be no determinable depth due to code issues.

at best, you might find a typical depth but I would suggest the typical depth is as shallow as the contractor can get away with. Digging takes labor. Labor is a cost. Costs reduce profits. ergo, as shallow as possible.

to be sure, I would contact your local building department and asking them if there are any applicable codes. They should be able to provide the depth is there is such a requirement.

and this is your thread. It was moved due to guys like me that took it off course. sorry about that. feel free to post on your thread anytime you have a question.
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Old 01-31-2010, 09:24 PM   #23
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Can a contractor bill me to fix pipes he broke?


No problem with which forum it was posted on

Usually the pool return pipes AT the pool are only maybe 6" deep (below water line) if I remember the depth of my own pool
So its another 6-8" to the pool decking
So total 12-14" underground Max, probably less

Too cold to go out & measure plus Ice on the top
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Old 02-01-2010, 08:15 AM   #24
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Can a contractor bill me to fix pipes he broke?


You should have promptly disputed the charges for fixing the pipes he broke in a fashion similar to disputing a credit card bill. Using paper and snail mail. You should not pay the amount in dispute. If the damage had not been fixed you would withhold from the legitimate bill the amount estimated to fix the damage.

Reply to every mailing he makes, sending the same dispute letter will suffice for some of the replies.

Go to court on the date on the summons. Then explain to the judge that you are disputing the charges.
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Old 02-01-2010, 09:05 AM   #25
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Can a contractor bill me to fix pipes he broke?


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You can't file a claim (for damages) with the contractor's insurance Co....
This is correct. Unless you were listed as "additionally insured" on their insurance (this allows you to pursue a claim directly with their Insurance Co.), you would have to pursue that by other means.
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Old 02-04-2010, 03:41 PM   #26
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HI - just as a follow-up this was in court today. And we lost. Judge ordered that the contracter could not reasonably be expected to know where the piping is located and therefore he should be paid to fix them.
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Old 02-04-2010, 04:14 PM   #27
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the judge is an idiot.
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Old 02-04-2010, 07:29 PM   #28
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wow that judge is a fuggin moron....thats like saying "oh i drilled into a wall and didnt think there would possibly be ANY wires or pipes behind there!!
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Old 02-05-2010, 01:22 PM   #29
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Can a contractor bill me to fix pipes he broke?


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wow that judge is a fuggin moron....thats like saying "oh i drilled into a wall and didnt think there would possibly be ANY wires or pipes behind there!!
If he's a contractor worth his salt, he should, at least have discussed the possibility of encountering pipes, and what to do about it.!
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Old 02-05-2010, 02:23 PM   #30
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the judge is an idiot.
I second this sentiment. Seems to me as far as the contractor, "he broke it, he bought it." And, like has been mentioned, he is the pro--not you--and he should take responsibility for exactly this sort of thing. I'm very surprised at the judge's ruling. Maybe you can give the contractor a negative Angie's List review or something. Give the judge a bad review, too.

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