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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Negligent Chimney Repair With a Carbon Monoxide Leak

    A homeowner contracted for chimney repair for a water heater, and the company came out and made some repairs to the water heater and its exhaust pipe and vent.

    Several months later, when they had another maintenance issue, a different contractor discovered that the vent from the water heater was not up to code. The way it was installed, wind could cause carbon monoxide to fail to vent and back up into the home. This was because the first contractor had put in a new vent pipe at an inappropriate angle, performing a repair that was not up to code. The new contractor fixed the problem with the vent.

    How can they get a refund from the company that created the problem? Can they sue the contractor for creating dangerous conditions in their home?

  2. #2
    Join Date
    Sep 2005
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    Posts
    98,844

    Default Re: Negligent Chimney Repair With a Carbon Monoxide Leak

    The homeowners can ask the original contractor to pay the amount it cost them to fix the vent pipe. If the contractor will not refund to them an amount of money that they deem acceptable to settle the matter, they can consider suing in small claims court.

    They cannot recover damages for a "what if". Fortunately, nobody was injured by carbon monoxide, but that also means that they have no damages to collect from the original contractor on the basis that somebody might have been injured in the future had the problem not been corrected.

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