Damage from a Leak in the Neighbor’s Apartment

Shalom, I live in a building that is about four years old. I have a leak in my apartment that comes from the neighbor who lives on the floor above me. The contractor has come several times over the years, within the framework of the warranty, to fix it. The last time, the repair held for a few months and then the leak returned again. The neighbor does not agree that the contractor should come again, because in the previous times all the repair work in his apartment caused him damage, and in any case it is not certain that it will help. I have two questions about this: 1. Is the repair of the leak the responsibility of the neighbor who is causing the damage, and if so, is it his obligation to solve the problem, whether through the contractor or privately, and this is his responsibility — or can he claim that since this is a new building it is considered a construction defect, and even though he is the one from whom the damage comes, I must be the one to solve the problem? 2. And if we say that he is right and that even though he is the one causing the damage the responsibility is on me, can he refuse to allow the contractor to enter for repairs, claiming that he brings in professionals who are not sufficiently expert and do not fix properly, or can I argue that it is the contractor’s responsibility, let me exercise that warranty, and if he suffers damage he should deal with the contractor directly to sort out the matter?

Shalom u’vracha.

It is clear that if the damage comes from the neighbor’s apartment, he is the one who must take care of fixing it, whether by means of the contractor or by other workers of his choice.
 

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