Boston, MA asked in Consumer Law, Small Claims and Real Estate Law for Virginia

Q: I am seeking counsel to see if working with an attorney is a better course of action than filing an insurance claim.

The issue involves the HVAC company (XXXX) that performs HVAC and plumbing services on my condominium (Unit 304) and my neighbor’s (Unit 404) who lives directly above me. The issue is that AllTech failed to properly re-insert the condensation pipe into the drain when performing service on Unit 404’s water heater. For a period of 30 days approximately 30 gallons of water a day from Unit 404 went somewhere. After 2 months remediation has not started. There have been a number of false starts and stops but no action. XXXX’s Plumbing Manager is handling the situation and IMO does not have the skills or decision-making authority to manage the situation. I was willing to work with my neighbors in Unit 404 and with XXXX but no longer feel that is in my best interest. I am planning to sell my condominium and retire in the next 12-18 months. I expect and would prefer disclosing to any prospective buyer I had water damage to my property and took appropriate steps to correct it.

1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Glen Allen, VA
  • Licensed in Virginia

A: Assuming your unit is in Virginia, I am not sure why you would hesitate to use your hazard insurance for a claim. Your insurance carrier will straighten it out, and use subrogation to recover from the party who is liable. Sure, there is likely common element damage as well, that should be covered under the condominium's insurance coverage, but your insurance should cover damage to your individual unit. I am puzzled why you are asking this question from Boston about a condominium unit in Virginia. I assume you have a tenant in the unit, who might not have kept you informed. It is almost never a good idea to delay reporting a claim.

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