I need assistance with an issue and hope you can provide guidance. I have a downstairs neighbor who suffered water damage when my plumber replaced my bathroom toilet. I went to look at the damage with contractor, and we agreed to repair the section of ceiling and one wall that had water damage/paint disturbance. My neighbor is now demanding that I pay to have the entire bathroom repainted a different color. I told him that I would be happy to repair the damages but he would be respoinsible for renovations to the rest of the bathroom as there was no damage the rest of the area.



Please advise.



Thanks for your time



Mr. A.

P.S. - I live in Westchester NY if that helps.

Thanks

Quote:

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Originally Posted by chaos911

... I told him that I would be happy to repair the damages but he would be respoinsible for renovations to the rest of the bathroom as there was no damage the rest of the area.
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And you want to know if your approach is the right one? Yes, your neighbor is only entilted to be restored to the position he was in before your contractor did what he did. Assuming your contractor can match the paint, that is all he should be required to do: repair the damage and repaint the surfaces that were affected.

Quote:

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Originally Posted by AK lawyer

Assuming your contractor can match the paint,

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That's the key here. As AK said, you (actually your contractor) is only required to restore the bathroom to the condition it was in. But matching paint can be difficult. If the repaired area is noticeably different from the other areas, then he may win if it comes to court. It may be easier and cheaper just to paint the whole bathroom. I can't see a bathroom needing more than a gallon of paint (though I'm not a painting expert) and the contractor may be required to buy that much anyway.

Thanks for the feedback and words of wisdom. I have a follow up to the original.

If there is any dispute about the above repairs and my neighbor asks the insurance company to get involved, then who is legally culpable? I paid for a contractor with his own insurance and I have my own home owners insurance as well. Is he able to go after my homeowners ins? If he does, can I deflect the claim to the contractor's insurance?

Thanks

He can either put in a claim against the contractor and/or you. Or he can sue you at which you point you turn it over to your insurance carrier, who will probably go after the contractor's insurer.