Gas line leak -- who is responsible
Started by renohelp
over 14 years ago
Posts: 2
Member since: Mar 2011
Discussion about
In the process of renovating my apartment, we moved around some of the gas lines in the apartment. This is triggering a DOB inspection. Unfortunately, we found that there is a leak in the gas line somewhere between the basement and my apartment (not in the new work done). The coop has separately verified the leak. These sorts of things are typically building related costs (problems inside the walls), but the board has consulted the coop attorney, and it seems as though they will try to peg me with the cost to run a new line. Is this reasonable? I thought all buildings were responsible for problems within the walls, especially this one, as it is in the gas line way below my apartment.
This is an interesting question. Does anyone know how this is typically handled? Has anyone heard of COOP's refusing to allow gas line movement due to concerns about this very issue .
What does your alteration agreement say?
The standard REBNY alteration agreement says "Any damage to the Apartment or other areas of the Building, including, but not limited to the common structure, infrastructure, mechanical systems equipment, elevators, doors and finishes of the Building, caused by or resulting from the Work, shall be covered by the insurance coverage required of Shareholder, or Shareholder's contractor(s) or subcontractor(s), as the case may be."
Presumably the board thinks the leak was caused by your renovation.
I'd be seeking your own counsel at this point.
Ugh, four years ago... too bad we don't know how it ended.
Still an excellent question as just last night my board was going over updating our 30 year old major alteration agreement. Its very tricky to pin down precise language on who and when someone or something is the liable party.
The individual's argument; More than the issue that it is not within my 4 walls, "I did the building a favor. My work exposed a flaw and a great danger to the building that can now be corrected."
This is not an absurd argument. By far the most dangerous aspect to a home is its gas supply.
The corporation's argument; "Your work caused vibration and movement in the lines loosening what was an otherwise fine gas connection, you caused damage to a structural component or "common area" of the building."
A shame its 4 years old and we wont know the outcome. I wonder if Habitat magazine has an article on the issue.
A possible way for the poster to have played hardball back would be to tell the board your mulling over telling the DOB you occasionally smell gas in other parts of the building and maybe they should inspect all the common area gas line in the building.
A tad devious but both above arguments have merit and maybe would get you to a compromise on a 50/50 repair bill.
SImply making the building aware of a gas problem doesn't constitute proof of damage causation. Particularly in an old pre-war building. I guess one way to avoid blame is to pre-test the gas line prior to engaging in any gas work. Personally, I do think exposing a problem like a gas leak does the building a great favor and the building should not kick the messenger.
I think the idea of some building disallowing gas line movement to prevent exposing gas line problems is not a good strategy. If something ever happens, it would be easy to argue intentional ignorance on part of the building's board.