We had a common sewage line plug on first floor which backed up piping to second floor toilet and leaked out of seal ring at bottom of toilet discharging water onto first floor ceiling doing sheet rock damage. New construction less than 3 months old, builder doesn't want to repair sheetrock, says it was caused by line clogging and he is not responsible. My argument is that the ring seal should not have leaked even if line was plugged. Can you give me a professional opinion?

That's not the builders problem, as even if the wax ring didn't leak... once everything in the pipes reached the level of the top of the bowl, (and it doesn't taken much, only a few gallons) everything would have been on the floor anyway.

Yes, wax ring will leak, especially when water back up up the pipe.

You have to determine what caused the clog in your main sewer pipe. Clog may have been, and most-likely is, a "user's fault."

There is a slim chance there was construction debris present in the pipe causing back up, making builder responsible. You should ask the attending plumber to give you his / her opinion, what he/she thinks was the culprit. They usually can tell by the debris attached to the tip of the snake.

If the clog repeats, or you have a strong suspicion it is a builder's fault, have sewer video inspection done. That will show you exactly the what condition is your new sewer pipe.

As far as damage to the drywall goes, I don't think it is builder's fault.

Hope that helps

Milo

In the county where I live, Cherokee county, GA, they have mandatory camera inspection of drain lines all the way to the manhole. I have seen them refuse an occupancy permit until the pipe was dug up and reset due to a dip in the pipe. Eliminates the "who's at fault" when a clog appears.