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Electrical contractors fried my house - legal questions
Electrical contractors fried my house - legal questions
BY: TriRSquared on 2010-03-23 2:54 PM

About 2 weeks ago my neighbor had a brownout and lost power. Turns out the neutral wire in the ground had broken and they would have to dig it up. They power company said it would be 2 weeks before they could fix it and asked if we could supply them power for the 2 weeks by running a line from our meter to theirs. They put a device on to measure the power used and it would be deducted form our bill. We are good friends with the neighbor so we had no issue with that.

Yesterday a third party contractor came to dig up the bad neutral. My wife was home and said the place lit up light Christmas and many light bulbs blew in the process. I cam home to find a bunch of breakers tripped.

I also found that the following things were dead:

My 50" plasma (6 months old)
Home Theater Receiver (6 months old)
A UPS connected do the TV/receiver
Microwave
Refrigerator (partly dead)
Several light fixtures (not just the bulbs but the ballast)
Air purifier
(and a few other minor things)

So the contractors come back out after I start screaming at the power company. They investigate and determine (without admitting it) they they are to blame. As i suspected they disconnected my neutral w/o turning off power to my house. HUGE voltage surge.

So they take a list of all the damaged items and are supposed to be getting back to me with an offer from their insurance.

I have receipts for the TV & receiver but the fridge and microwave are 8-10 years old.

So I expect them to give me full value for the TV & receiver but what about the fridge and microwave. I realize they are older but I also had a working fridge yesterday. Today I do not. It could have lasted 10 more years.

Furthermore I am going to have to uninstall the microwave and reinstall a new one. Buy a new TV etc...

So I guess my question is, do I have a right to be compensated for the time I'm going to havew to spend fixing all this. Or are they just going to give me depreciated value of the items?

I assume my option is to turn down the offer (if it's low) and make them reoffer or take them to court?

Edited by TriRSquared 2010-03-23 2:55 PM

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-The Boogieman checks under his bed for my kids
-I'm not mean. You're just a sissy.
RE: Electrical contractors fried my house - legal questions
BY: pitt83 on 2010-03-23 2:56 PM

Why did you voluntarilly participate in the electricity redistribution program?
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"I look pretty young, but I'm just back dated" -Pete Townshend, Substitute
"Violence isn't always evil. What's evil is the infatuation with violence"
-Jim Morrison
"Have a Good Time, All the Time"-Viv Savage, Spinal Tap
RE: Electrical contractors fried my house - legal questions
BY: triarcher on 2010-03-23 3:00 PM

I would think they need to replace your stuff.....with a current make/model. You have the serial and model numbers on most of that stuff, it would be easy to get a current replacement model. Are you sure they didn't fry your bike?? I would add that to the list while you are at it!
RE: Electrical contractors fried my house - legal questions
BY: bcart1991 on 2010-03-23 3:03 PM

Wow, that sucks.

My advice is to talk to a lawyer NOW, because you will probably need one when they low-ball you on the replacement costs on the appliances that weren't brand-new.

Gather up all the receipts you can find, find replacement costs for similar new appliances that were fried, and submit that to them, plus labor at about $50 per hour (that's MUCH less than an actual electrician/contractor).

If they balk, have the lawyer send them a nice letter. If they still refuse, go to court.
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KOTTER
"Thou shalt not steal, except by majority vote."

RE: Electrical contractors fried my house - legal questions
BY: moondawg14 on 2010-03-23 3:04 PM

Ouch, man.

First, let this be a lesson to all of you out there. NEVER, EVER, break the neutral.   EVER. You run the risk (as in this case) of exposing your 120V devices to 240V. bad news for alot of devices.

Sounds like the power company is "manning up."   They should offer you "replacement value" for your devices.   It would be "nice" if they offer you "loss of use" in addition to any food that gets lost due to inoperable appliances.

I would also insist that they pay for an inspection of your wiring, ESPECIALLY the wiring between your meter and your breaker box.    Any discoloration of wire or insulation.... I'd be asking to have them replaced.

To me, that's the reasonable list of things to do.   If they balk at any of these things..... I'd mention a lawyer.     If they continue to balk, I'd get one, and quick.

Good luck.   it sounds like the breakers did their jobs. if the breakers are old (25yrs+), consider replacing them.

RE: Electrical contractors fried my house - legal questions
BY: 1stTimeTri on 2010-03-23 3:07 PM

Wow! I hope they do good out of this.

RE: Electrical contractors fried my house - legal questions
BY: moondawg14 on 2010-03-23 3:08 PM

Forgot to say, be calm and reasonable.   Make a list of all the things you lost, and find out what it would cost to replace them.

"reasonable" means that if you had a simple side-by-side fridge, don't be asking for a french-door, bottom-freezer with water, ice, and a beer tap in the door.

don't accept anything less than your reasonable costs.     If you can provide an accurate, well-prepared list, I would think that the company will be happy to settle it quickly and make both sides happy.

RE: Electrical contractors fried my house - legal questions
BY: pitt83 on 2010-03-23 3:20 PM

Sarcasm shot was too easy to take.

When I was in a bicycle accident, I learned a thing or 2 about how suing works.

A car made a right turn cutting me off and I hit the passenger door of the car head on. Totalled the bike b/c the carbon fiber frame was cracked. I wasn't injured (other than some road rash), but my bike was totalled.

I wanted to know how to fight my side of the battle. After the first call from her insurance, I was worried and went to a lawyer.

Without suing for medical injury or pain and suffering (bogus trumped charges I wasn't going to pursue), I had to pay the lawyer $400 / hour for work performed. If I did sue, I paid nothing and his fees came from the settlement. If I just sued for property damages, I had to pay him for services rendered.

My homeowners was out of play; I wasn't at fault and they weren't paying my claim. My auto was out of play because I wasn't driving.

I fought her insurance and eventually got a fair settlement.

Guess what I'm saying is that a lawyer might not want the case or you may not like the terms you get one under.
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"I look pretty young, but I'm just back dated" -Pete Townshend, Substitute
"Violence isn't always evil. What's evil is the infatuation with violence"
-Jim Morrison
"Have a Good Time, All the Time"-Viv Savage, Spinal Tap

RE: Electrical contractors fried my house - legal questions
BY: vball03umd on 2010-03-23 3:32 PM

No need to get a lawyer involved at this point. See what the insurance carrier offers. Contractors carry liability insurance for accidents like this.  I have a feeling the insurance carrier will replace all of your stuff, at replacement cost, without too much of a fight. Were you provided with the insurance adjuster's name, contact number, and a claim number? If not, you can ask the contractor to provide you with that information as well and communicate directly with the adjuster. Not really sure about compensating you for the time it will take to replace the stuff, but it can't hurt to ask the adjuster about it. If they offer you a check for the replacement cost of all of your items, is it really worth going to a lawyer to get compensation for the hassle to go out and replace the stuff? Probably not.

RE: Electrical contractors fried my house - legal questions
BY: McFuzz on 2010-03-23 3:38 PM

Make good notes of everything that was damaged and EVERY conversation you've had with them.
I'd say start with a "reasonable" offer that replaces everything with similar items. Yea, you're out the time and aggrevation of shopping for a new fridge, but you end up with a new fridge. If the microwave is built in, get a quote for having a new one installed. At the end of the day (or week), you just want to be made whole, and that shouldn't include uncompensated labor for a built-in appliance. It should also include delivery and disposal charges and you can suggest it should include sales tax on the replacement items as well. (It's fair to include sales tax to replace a recently purchased item like the TV.

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(Site under construction)

RE: Electrical contractors fried my house - legal questions
BY: ckallpoints on 2010-03-23 4:10 PM

You may have delivery, setup & haul away charges. Don't forget to include that in your cost. Not everybody has the ability to go pick up a new fridge.

side bar: I think this is my first COJ post and with my low post count I would think twice before giving my comments any credence.

RE: Electrical contractors fried my house - legal questions
BY: SevenZulu on 2010-03-23 4:28 PM

There's a distinct possibility that your P4 and 808's were electrocuted as well. Even if you don't own these. Make sure you get them on the list.

RE: Electrical contractors fried my house - legal questions
BY: TriRSquared on 2010-03-23 5:47 PM

Oh yeah.. the bike is fried.. too bad

Thanks, I did not consider the breakers. They might have been damaged as well. Good point.

So by replacement do you mean the costs to buy a brand new fridge of similar design. Or do you mean the value of the fridge (since it's 10 years old it's maybe worth $200?)

Thanks for the advice and I'll let you know what they offer. Supposed to be back to me by noon tomorrow.

Edited by TriRSquared 2010-03-23 5:49 PM

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-The Boogieman checks under his bed for my kids
-I'm not mean. You're just a sissy.

RE: Electrical contractors fried my house - legal questions
BY: Jackemy on 2010-03-23 6:41 PM

Did you call your insurance?

They should cover your claim and go after whomever they need to go after to get reimbursed.

RE: Electrical contractors fried my house - legal questions
BY: pitt83 on 2010-03-23 7:07 PM

TriRSquared - 2010-03-23 6:47 PM

Oh yeah.. the bike is fried.. too bad

Thanks, I did not consider the breakers. They might have been damaged as well. Good point.

So by replacement do you mean the costs to buy a brand new fridge of similar design. Or do you mean the value of the fridge (since it's 10 years old it's maybe worth $200?)

Thanks for the advice and I'll let you know what they offer. Supposed to be back to me by noon tomorrow.

The problem with this logic is: How do you depreciate these? Where is a "book value" obtained for a refrigerator? It's not a typical used commodity.

I'd argue that a refrigerator of similar size and feature be purchased as the new market is the only way one is obtained.

Also, the repair costs for what you have ruined now likely exceeds the replacement cost. So repair isn't an option either.

And, BTW: Just by opening a homeowner's claim, it increases your risk despite fault. So, think twice before using your homeowner's as an avenue to resolve. And that deductable would apply.
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"I look pretty young, but I'm just back dated" -Pete Townshend, Substitute
"Violence isn't always evil. What's evil is the infatuation with violence"
-Jim Morrison
"Have a Good Time, All the Time"-Viv Savage, Spinal Tap

RE: Electrical contractors fried my house - legal questions
BY: moondawg14 on 2010-03-23 7:12 PM

Jackemy - 2010-03-22 7:41 PM Did you call your insurance?

They should cover your claim and go after whomever they need to go after to get reimbursed.

I would not do this unless the contractor's insurance is not forthcoming.

You get certain benefits for NOT making claims on your insurance.   For instance, for not having a claim against my homeowner's insurance in, well, ever, I get about 30% off my premiums.

Yes, you have insurance for things like this. So do they.... make them pay first. Use your insurance as a last resort.

TriRSquared: by "replacement" cost, I mean they should pay you the cost of a NEW fridge of similar quality.

RE: Electrical contractors fried my house - legal questions
BY: TriRSquared on 2010-03-24 6:46 AM

Jackemy - 2010-03-23 7:41 PM Did you call your insurance?

They should cover your claim and go after whomever they need to go after to get reimbursed.

I did not. Living in FL where homeowners insurance can go up for no reason (and they can drop you for no reason, I've been dropped 2x in the last 10 years becuase of "hurricane risk" yeah right...) I was worried about raising any flags.

And thanks for the definition of "replacement cost". I agree with your definition. I should get a new fridge with similar features to put me back to square one.

We shall see. Supposed to call me before noon today.

Edited by TriRSquared 2010-03-24 6:49 AM

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-The Boogieman checks under his bed for my kids
-I'm not mean. You're just a sissy.

RE: Electrical contractors fried my house - legal questions
BY: Jackemy on 2010-03-24 7:20 AM

TriRSquared - 2010-03-24 6:46 AM
Jackemy - 2010-03-23 7:41 PM Did you call your insurance?

They should cover your claim and go after whomever they need to go after to get reimbursed.

I did not. Living in FL where homeowners insurance can go up for no reason (and they can drop you for no reason, I've been dropped 2x in the last 10 years becuase of "hurricane risk" yeah right...) I was worried about raising any flags.

And thanks for the definition of "replacement cost". I agree with your definition. I should get a new fridge with similar features to put me back to square one.

We shall see. Supposed to call me before noon today.

Understandably, homeowner insurance is a little more of a problem in Florida than in Maine. Unless there are some really anti-consumer laws in Florida, I suggest you still talk to your agent as your agent should be able to lead you in the right direction.

Since this problem was not your fault, it won't go against you claim history. Your insurance will pay you based on your policy which is probably replacement cost and not depreciated value. They will then sue, at their cost, the contractor and whomever else (your neighbor) so you don't have to.
Also, it is very likely that contractor's insurance will only try to settle for depreciated cost and then you are stuck fighting for the difference.

Honestly, I deal with this stuff in my business almost weekly with my condo association clients. I have found that it is always best to let the insurance companies battle it out.

Edited by Jackemy 2010-03-24 7:21 AM

RE: Electrical contractors fried my house - legal questions
BY: TriRSquared on 2010-03-24 7:43 AM

I'll see what they offer. If it is not acceptable I might call my agent. I let them know, in no uncertain terms that they put my family's life in danger by their negligence. I hope that will cause them to do the right thing.
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-The Boogieman checks under his bed for my kids
-I'm not mean. You're just a sissy.

RE: Electrical contractors fried my house - legal questions
BY: Jackemy on 2010-03-24 8:16 AM

Let us know how it turns out.

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