What to do if our plumber installed a hotwater heater with extra fees in order to make it meet code?

UPDATED: Jan 10, 2012

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What to do if our plumber installed a hotwater heater with extra fees in order to make it meet code?

It did not and now they want to charge us more for correcting their error?

Asked on January 10, 2012 under General Practice, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Plumbing needs to be installed to code. It is implicitly part of the service agreement (even an oral agreement) between you and the plumber that any work they do will be up to code, legal, and meet commercial standards. If they plumber does not do this, you could either sue him for the cost of correcting the problem or let him correct it at his own cost. The plumber would only be entitled to seek money from you if you caused the problem in some way--interfered with his work, insisted he use certain below code materials or cut corners to save money, etc. But if it was his fault, then it is his cost to correct.

That said, if the plumber refuses to honor his obligation to fix it himself, you could find yourself involved in litigation to validate your rights. If the extra cost is small, it may be better to pay it than risk litigation (or the problems that come from below-code plumbing).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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