Looking for a CPVC Failure

Alexander_BarthetCPVC Class Action Litigation, CPVC Construction Defect Suit

Maybe it’s a drop in water pressure or maybe it’s signs of some type of leak. Either way, there will have to be some destructive measures taken to determine exactly what may be causing the problem, and whether the issue may be a CPVC failure. When that happens, who covers the cost of all this digging around?

Well, a case decided late last year has held that the cost to take apart and actually demolish work so as to effect a repair (better known as rip and tear) should be covered by applicable insurance. This is a departure from the long held belief that while the cost to repair a contractor’s faulty and defective work may be covered depending on policy provisions, the cost to get to that fault or defect, specifically the cost to take apart perfectly fine work to uncover the contractor’s defective work, would not be. Accessing defective work is not uncommon in any construction scenario. For example, a contractor may have to chip away at intact and sound drywall to get to leaks in the fire sprinkler system.

Contractors, who so often struggle to obtain coverage for defect issues, now may have an avenue to seek payment when uncovering defective work.