Fremont, NE asked in Construction Law for Nebraska

Q: I need some help filing a house damaged claim against GPC from work that a contractor did through this company.

They hired a sub contractor to do the work 2 or 3 years ago and in June the my sub pump pipe was severed and flooded my home with all wood flooring. It back up into the home on June 16th 2024. There was a rep from GPC at my house with my plumber and stated that was the work of their under ground contractor. I lost the claim against this hire person due to him not having the same insurance back when he did this as he does now. I need to file a second claim with GPC themselves but they will not even speak with me. How can I get this claim filed?

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2 Lawyer Answers

A: It isn't clear exactly how the parties are related to you here. However, generally you can send a demand letter setting forth your request for compensation. If that doesn't get a response, you may need to file a legal action for the damages. Keep in mind that some of the statute of limitations to file an action are relatively short. If you are past the time to file a legal action, you may no longer be getting a response because you are too late to file a claim and thus no longer have a legal action for compensation. You may need to get in contact with an attorney immediately if some of the actions that may lead to liability occurred years ago.

A: Alright, here’s how you can handle this:

First things first, get your evidence together. You’ll need everything—documents showing what work was done, the damage to your house, and communication with both the contractor and GPC. If GPC hired the subcontractor who screwed up, they might be on the hook for it. Legally, GPC can be held responsible for what their contractors do under the idea of vicarious liability. So, your next move is to send them a demand letter. Keep it simple but clear: explain what happened, how the work caused the damage, and what you're looking for in terms of compensation (like the costs for your flooring, repairs, and any other losses).

Now, if GPC’s ignoring you—no calls, no emails—you might need to turn up the heat by filing a lawsuit. The clock’s ticking though—most states have deadlines (called statutes of limitations) for property damage claims, and it can range from two to five years depending on where you’re at. So don’t sit on this. Just because you lost the claim against the contractor doesn’t mean you’re out of options. GPC might’ve been sloppy in hiring or supervising this contractor, and that’s on them. If they’re stonewalling you, that’s usually a sign they think they can dodge this.

At this point, you probably want to loop in a lawyer to keep the pressure on and make sure GPC knows they can’t blow you off. Even if the subcontractor’s insurance doesn’t cover it, GPC could still be liable through their own insurance or for hiring someone without proper coverage. It’s about holding the right people accountable, and you’ve got a shot here. If GPC doesn’t want to play ball, a good lawyer can make sure you get what you deserve.

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