Q: I am renovating an apt in Manhattan. My contractor made a major error by replacing a gas branch line.
After demolition, I discovered a gas branch line that obstructed passageway into a proposed hallway. I asked my licensed plumber if it was ok to relocate it higher. He said it's "no big deal", it's commonly done; we shouldn't have a problem because we are not touching the building gas riser. After the work was completed, the building architect came by and said I was in a world of trouble. The plumber should not have touched the branch line between the building riser and the meter. Now, the DOB will require that we do a pressure test of the building riser. The pressure test will likely fail due to the age of the building being nearly 100yrs. The DOB may then turn off the gas to the building until the bldg riser is repaired or replaced. What recourse do I have against the license plumber who should have known not to do this work.
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A: Basically, on the given facts the plumbing contractor was in breach of the contractual duty to perform in a workmanlike manner. A demand letter should be issued to the plumber subtracting the amount of work you paid him for the unacceptable work and adding the amount that you will need to pay to correct it as the damages you are arguably entitled to recover from him.
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