Oil Leak Question!

Jamie_6

Here's the situation!

We are currently on a job where an addition is being added to the existing home. We are replacing a sixteen year old natural gas Carrier forced air furnace with an American Standard two stage gas furnace and zoning the first floor of the two structures from the second floor of the new structure. (Not that this has to do with the oil problem; except that the home has been heated by natural gas for at least the past sixteen years)

The general contractor had to jack hammer up the floor of the existing basement so the plumber could tie in the drains from the new addition into the sewer. After this was done the plumbers broke apart all there old stuff and tied all the drains together. Well sometime during this whole process there was an oil line buried in concrete running down the corner of the basement floor (where the wall meets the floor). Well as you can guess somehow this line was hit and began leaking oil from a tank no one knew was there. The drip was addressed about four days after this happened so it can not be determined how much oil actually hit the dirt (from the hole for the drain tie in). The builder found the tank in the back of the basement covered with boxes and other belongings and found that the tank was ½ full and the valve had not been shutoff. (THEY HAVE HAD NATURAL GAS HEAT FOR SIXTEEN YEARS)

What recourse should be taken here by the HO, Builder, and Plumber????


<A HREF="http://www.heatinghelp.com/getListed.cfm?id=289&Step=30">To Learn More About This Professional, Click Here to Visit Their Ad in "Find A Professional"</A>

Paul Mitchell_2

Well here in NJ

I would contact an enviromental company to evaluate the situation. That being said, I would have the tank emptied by a waste removal company. The enviromental company would take it from there. They will dig up the contaminated dirt and see how far it went. Clean up could be very simple if it was just a drip. Years ago you could switch to gas and just leave the tank. No more of that allowed here. Ultimate responsibility is the homeowners I would assume but you know how insurance companies are.

Al Gregory

If more than 5 gallons spilled you need to contact enviromental. Years ago it wasnt a big deal when oil spilled in a basement now its crazy what happens. They will be checking for oil all over the place with test wells. I hope somebody has real good insurance

Bob Harper

Love Canal

Homeowners insurance won't cover this since any damage occurred over time. IF a contractor screwed up, his might cover it but the homeowner would have to prove he caused the damage.
The homeowner must remedy this situation and in accordance with the law. Aside from the environmental laws, he would have a hidden defect on his home. Should he go to sell it, they would have recourse against him. If the court felt he hid this fact malisciously, some states can penalize you for this conduct in addition to fixing the problem. Many real estate contracts now contain language about hidden tanks, wells, mining rights, hidden pipes, springs, etc. and their responsibility.Whoever they bought this house from might have some responsibility in this mess. Since the clean up can run into tens of thousands of dollars, I suggest they get an attorney tomorrow.