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Warranty question

Wayco Wayne_2
Wayco Wayne_2 Member Posts: 2,479
Ran across a problem on Friday. A radiant floor I installed 5 years ago began to leak. It was a plates and tube from under the sub floor job. I found a nail had stuck in a tube on the u bend at the end of a joist. The nail apparently initially sealed but began to leak after the nail rusted out. Both the Homeowner and the GC agreed I should be paid but the question remained, who should pay me. The GC says it's out of his warranty but offered to pay half. The HO says it's been a mistake since day one and should be covered anyways. I'm sure I will get paid by someone once they come to an agreement, but was wondering what the RF community at large thinks? 


  • Al Letellier_21
    Al Letellier_21 Member Posts: 402
    edited April 2010
    leaking radiant

    Wayne, I see a lot of this kind of thing with my insurance work. If there wasn't a lot of damage as a result of the nail puncture, I would say to the homeowner: " Work it out with the builder and let me know how I am going to get paid, and I will come and fix it". But at least isolate the leak to minimize any further damage, because that could come back to bite you. IF there is lots of damage from the leak, make sure the homeowner's insurance company gets involved ASAP. Anytime anything like this happens, you should immediately document the problem and GET SOME PHOTOS.

    Hopefully there is little damage and its a simple fix. But it's not your fault, so let the other guys work it out.
  • Rich Kontny_3
    Rich Kontny_3 Member Posts: 562
    Who hould Pay?


       I would not expect the homeowner to pay as it was a problem from day one. If the builder is reluctant I won't push that either. Often we eat labor on warranty work and I would chock this up as one of those things . Goodwill efforts like this may result in further work from the owner or  the builder.

      You did absolutely nothing wrong yet you are involved non the less. Does not sound like a big $$$ amount??? If it is the contractor should at least go good for half your costs.

  • Jim Pompetti
    Jim Pompetti Member Posts: 552

    More than once has this happened to us . I would think, its the GC problem HE put the nail there. What is the cost to repair the hole . The GC should clear the way and repair any  holes. The insurance company should treat it as any other  damage . Between the two you should get paid.
  • heatboy
    heatboy Member Posts: 1,468
    Under No Circumstance......

    ......should you do any repairs until who pays is figured out.  You will lose any leverage you have if you do.  You are already into this for a few hundred dollars with the service call.  Let them know an estimated cost and wait for aggreement.

    The Radiant Whisperer

    "The laws of physics will outweigh the laws of ecomomics every time."
  • Dave Stroman
    Dave Stroman Member Posts: 765
    Just fix it

    I have ran into this so many times over the years.  Years after the job is done.  And I am usually so glad that it was not my leak that I fix it for free.  I will not have to pay for any of the other damage. 

     It probably took you more time to drive out and look at it than it will take to throw in a coupling. 
    Dave Stroman
  • Dave Yates (GrandPAH)
    Dave Yates (GrandPAH) Member Posts: 281
    Who called you to respond?

    That's the first line of responsibility. At this point, I'd be inclined to deal with the homeowner and assign them the responsibility. Let them deal with the insurance company and GC. There's a 4-year statute of limitations for defective work in PA & it sounds like the builder is weaseling out from taking full responsibility for either his work or that of a sub. Just imagine the reaction if the leak even remotely appeared to be your responsibility. Would the homeowner expect you to pay? The builder? Your time has value as does your expertice and knowledge.
  • Wayco Wayne_2
    Wayco Wayne_2 Member Posts: 2,479
    I've already fixxed it.

    It was already opened up by the GC and it took me less than an hour all said and done. I left the bill with the HO and said you guys work it out. I've rescued her with no heat and don't think she wants to lose my expertise. Same with the builder. I believe my quality and timely work is my leverage. Perhaps I'm deluding myself. :)  I know the GC thinks he's out of the warranty and has already offered to pay half. She has a different opinion. I'm betting the GC pays just to keep the peace. It's not much money and you pick your battles for more than this. 
This discussion has been closed.