Posted by Al Eatemadpour on 12/02/11

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Fellow Attorneys,

I have a client whose problem is described below:

1) Client owns a condominium in Florida. It is paid off,
unoccupied, and does not have property insurance.

2) The Condo Association hired a plumbing contractor on
9/14/11 to perform work on building where Client's condo is
located.

3) As a result of the work that plumber performed,(flushed
the stacks on building)sewage in the building backed up and
caused Client's condo to flood.

4)The damage was not discovered until mid-october 2011 by
the property managment company.

5) Upon discovery of Condo's condition, Client paid for all
clean up costs.

6) The Condo Association made a claim under the
Association's insurance policy to make limited repairs to
interior walls (FL Statute 718 makes this the minimum a
condo association's policy may cover). Association then
hired adjuster and contractor to estimate damages for such
limited repairs.

6) The hired contractor made estimates for the replacement
value of walls, but is asking for Client to perform and pay
for preliminary work (removing cabinets, coverings, etc)
before he will repair the walls under the Association's
policy.

7) Client got estimate from his own contractor for the cost
of the preliminary work in the amount of $7500.

Q: How can my client recover his initial clean-up costs,
and the costs for the preliminary work?

Q2: Who may be liable under principles of law? Plumbing
contractor? Condo Association?

I've been told by another attorney for my client to make a
claim DIRECTLY for all his damages under the Condo
Association's policy. However, as FL Statute 718 limits
coverage, I'm not certain if this will prove successful.

Any advice or direction would be appreciated. Thank you.

Al Eatemadpour, Esq.

Condo Association Issues and Liability?, 12/02/11, by Al Eatemadpour.

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