My old contractor wont admit he or his plumber cut out a hole in the I beam in my co-op apt and now I have to pay for it what can I do?

Asked on Oct 30th, 2017 on Construction Law - New York
More details to this question:
I had my bathroom done 6yrs ago by a contractor who has insurance and we went through the co-op board for approval work was done and everything was great. Apartment below me is now having work done in heir bathroom and when they removed the ceiling they noticed, the bathtub waste pipe was not installed correctly. There was an Ibeam directly where the waste pipe should go to get the waste pipe to fit, the plumber cut out a hole in the ibeam. The co-op board now wants me to pay for it to be fixed with metal plates this will strengthen the damaged beam. What can I do here? Can I sue my old contractor? He is denying they did anything wrong and claim it must have been there originally? However the bathroom was in original state when I bought it so I cant imagine that to be true? If his plumber is so good at his job why didn't he raise it as an issue that we have a problem with the beam? Will my homeowners insurance cover it?
Answered on Oct 30th, 2017 at 7:42 PM
You may have a lawsuit against your contractor but it depends on exactly when he did the work. This is a breach of contract action and the statute of limitations is 6 years. If it was a little less than 6 years, you have a case. If it was a little more, you might still have a case if you can prove that fraudulent concealment should toll the statute of limitations until the time you discovered the damage. It sounds like you can make a good argument for fraudulent concealment because of the fact pattern. Your homeowner's insurance definitely might cover it- talk to a claims representative, but off the record, and that will help you decide whether or not to make a claim.

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