Should It Be Contractor Or Owner Responsibility?

[howeas 0]

Dear all,

I have an enquiry and would require your advice on my matters? I am not sure where should I post it... So Mod, please kindly move it if this is not the appropriate thread.

A summary of the incident:

I bought a new house and it was renovated from end of November to end of December 2009. I did an overlaying for my common toilet. on 1 March 2010 our downstairs neighbour notified us that their common toilet ceiling has the sign of leaking from upstairs. So we had a look and request our contractor to come down for an inspection. However, the contractor defined that as a wear and tear problem (due to the block is about 23 yrs).

We were told by our neighbour that the problem started around 2 months ago but at that time, it was just a small sign and not observed. However, the condition has worsened recently. Currently, we are unable to define whether the problem is due to leaking from our common toilet or wear and tear.

My question is does my contractor has to bear the responsibility (i.e. repair my toilet floor and neighbour ceiling) if found out that the problem is due to leaking? OR this should be considered as another case/job from my renovation since we just overlay the toilet floor and no hacking?

Please kindly advise.

Thanks all.

Rgds,

Howeas