Builder Negligence
During the construction of our home, (a contract to build a complete home.), the builder left the top of our chimney incomplete. It should have had a flat metal cap on top which serves to protect the top of the chimney stack from sparks and embers when the fireplace is in use.
He did not install this cap, (This wasn't obvious from the ground.), and as a consequence when we started using the fireplace the exposed plywood on top caught fire and caused minimum $15,000 in damages, (in addition to putting us in danger of losing our lives.)
Insurance paid for the repairs but left me with a $5000 deductible.
I obtained a report from a chimney specialist confirming the cause of the fire. The builder claims it's nothing to do with him since we, the owners, had worked on building the fireplace. (That's true, I built the fireplace myself but there's nothing defective about it and it wasn't the cause of the damage.)
1. I'm aware I can go to small claims however I'm not sure how fair the proceedings are and if I could lose. Does it all come down to the opinion of the judge?
2. I feel the trouble and danger he caused us far outweigh the potential judgement I could obtain via small claims, if successful.
Opinions appreciated.
Al