San Anselmo, CA asked in Construction Law for California

Q: Does paying for a permitted bathroom include the unclogging of a sink?

The original quote for bathroom remodel (fully permitted, replace sink, tub, toilet and finishes) did not specifically call out for unclogging of sink drain. GC agreed verbally after quote was signed to unclog the sink drain. He sent out a plumber ("out of the goodness of his heart") and the plumber was not able to unclog the sink, GC claimed it was the owner's responsibility to unclog. Owners spent money on another plumber to attempt to unclog, meanwhile GC continued to finish bathroom and adjacent wall in bedroom (concrete block will plumbing inside the brick). Bedroom wall and bathroom were completed, however sink clog appears to be much more difficult, requiring demo of completed work and refinishing. We feel that GC completed the finishing work too fast, and while owners will pay for added cost of the more invasive sink unclogging work, the owners should not have to pay for the re-finishing work a second time.

Related Topics:
1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Interesting. The GC rushed to finish the job, in order to get paid, and the plumbing was not operational. Now you have to demo the new construction. Possible negligence on the part of the GC because the warning bells should have gone off when the gratuitous plumber could not unclog the drain. BTW- What did you pour down that sink???? You should consult with a Construction/real estate attorney in your local area to see what can be accomplished.

Justia disclaimers below, incorporated herein.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.