Condo Association-Hired Contractor Damages Unit Owner Ceilings

D.R. from Hartford County writes:

Dear Mister Condo,

A unit owner notified the condo association of a roof leak. A contractor, called by the association to inspect and give an estimate, caused several cracks in the ceiling while up in the attic inspecting, even though he was told the attic had no floor. Who is responsible for the repair, the contractor and his insurance or the Condo association insurance. The condo insurance company said they are not involved.

Mister Condo replies:

D.R., what an unfortunate situation. I am actually surprised that this contractor didn’t fall through the ceiling, which would have caused an even bigger problem for the association and perhaps even caused injury. The association hired the contractor to handle the inspection. Regardless of what the contractor was told, his actions caused the damage as reported by you. Typically, the association should go after the contractor for the damage he caused. Typically, that would have the contractor calling his insurance company to file a claim. It sounds to me like that didn’t happen. Instead, someone initiated a claim with the condo insurance who has subsequently denied the claim as it wouldn’t typically be covered by the type of insurance most associations have for their buildings. In fact, you have stated that the damage was caused by the contractor.

Without knowing all of the details, I would suggest the association needs to go after the contractor they hired and have the contractor make good on the damage he caused. If his insurance will cover it that should be a fairly simple process. If his insurance will not cover it, he should pay out of pocket for the damage. If he won’t do that, the association should sue him for the damage and make good on the repairs for unit owners. If all else fails, unit owners may have to sue the association for hiring the contractor that caused the damage. Sounds like everyone has to do what’s best for them in this situation although the legal fees could quickly outweigh the actual cost of repair. Good luck!

3 thoughts on “Condo Association-Hired Contractor Damages Unit Owner Ceilings

  1. Balcony concrete cracked.association cracked ceramic tile in my unit and can’t find mAtching tile to replace and refuse to pay for replacement in Florida is association liable for repair to my floor

    1. P.R., it really depends on your governing documents and any applicable state law. Typically, repairs are limited to “like kind” meaning an exact match isn’t required and they could replace your damage tile with “like kind”. Since “like kind” is subjective, it is likely a disagreement will result. My best advice is to work carefully with the Board to find an acceptable middle ground. The Board isn’t likely to replace your entire tiled area, just the damaged part. If you would like uniformity, you might consider changing all of the tile (at your own expense) and accepting a payment from the Board for the number of tiles they damaged. Good luck!

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