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Contractor negligence

Domain guide, Property subrogation, theory 3.1

The theory

Defective work by a contractor caused the loss: a plumbing connection that failed, a roof that leaked after installation, electrical work that started a fire.

Who must be on the roster

  • A party with role contractor (distinct from mitigation_vendor, who arrives after the loss).

Facts that establish it

  • work_performed_described (any one of: this is the only trigger fact).
  • work_completion_timing_stated and cause_attribution_to_party corroborate. The completion date is what a repose check would anchor on.

What defeats it

  • A waiver of subrogation in the contract: waiver_of_subrogation_present stated true bars a contractor target (in scope under the waiver scope record), full bar, clause cited.
  • The property-damage limitation period from the date of loss.
  • An act of God stated as the sole cause. With a cause attributed to the contractor the theory stands and carries a material condition.
  • The construction statute of repose (four to ten years from substantial completion, by state). Not computed by the engine today; the brief says so.

Recovery channel

  • Demand letter to the contractor or their liability carrier.

What the carrier does

  • Obtain the contract and any warranty.
  • Preserve the failed component before repairs begin.
  • Photograph the installation.
  • Put the contractor and their carrier on notice to inspect.
  • Obtain the certificate of insurance.
  • Diarise both the limitations and repose dates.

A claim that fits

The insured, a Dallas office condominium, suffered water damage when a supply-line fitting installed by Alvarez Plumbing eleven months earlier separated under normal pressure. The building engineer's report describes the fitting as a push-connect installed on a copper stub without the required deburring. The plumbing contract is on file and contains no waiver language.

How the engine reads itContractor on the roster; work performed stated, which is the trigger; completion date and cause attribution corroborate; waiver_of_subrogation_present: not_stated (the carrier read the contract), so the waiver defense does not fire; act of God not stated; the Texas property-damage limitation period runs from the date of loss. Contractor negligence confirmed, refer, demand letter, preservation of the fitting, and a routine condition to confirm Alvarez Plumbing is not an insured under the policy. The brief states the construction statute of repose as not assessed.

Records behind it

Theory record PROP-SUBRO-THEORY-001 Defenses PROP-SUBRO-DEF-001, PROP-SUBRO-DEF-002, PROP-SUBRO-DEF-004 Waiver scope SUBRO-WAIVER-SCOPE-v1

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