In 2009 I had a major water leak in my home that caused extensive damage. My home insurance company covered the damage and authorized a large plumbing company in the metro area where I live to perform a repipe and reroute of defective polpybutylene pipe at a cost of $3425. It took them 2.5 days to complete the job and they provided a 5 year warranty on the work. In February 2010 I noticed water seeping up through the center of my kitchen tile. I cleaned up the water and called the plumbing company that did the job. They came out but the seeping had stopped. They attributed it to an underground spring perhaps and gave me a cell number to call them immediately if it happens again. About two weeks ago water began seeping up through my kitchen floor as well as pouring through the kitchen wall and into the garage. I contacted the plumbing company and they sent two plumbers out. They said they would have to do a REROUTE (which should have been done initially) and then stated it would cost me $3250. The restoration people contracted by my insurance company said the price was crazy AND the plumbers actually attached new pipe to the defective pipe rather than rerouting it. This was confirmed by another plumber who performed the job for $1600 (he said he was going to charge $1800 until I told him the amount the original plumbers wanted). Insurance did not cover the repair cost AND I had to pay my $1600 deductible as well. Basically I have come out of pocket $3200 for a negligent repair job in which a company refused to honor their 5 year warranty and did not even try and communicate with me on the problem. They have avoided my insurance company as well as the insurance company wants possession of the defective piping left in my home so that they can pursue reimbursement for paying for repairs a second time. I am taking the plumbing company to small claims court to recoup my $3200 as the evidence against them is overwhelming. I was without water in my home for a period of 7 days total. My question is can I seek punitive damages against the plumbing company as their actions were so egregious or am I just entitled to recoup the $3200 I paid out of pocket?
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