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Yes we are insured. A claim is being made through the sub contractors insurance. The value in terms of contents is around £3000. The cost of repair to the room's is unknown, the office needs completely gutting, re-plastering, new picture rails, skirting boards, doors and frames. The actual extent of the damage wont be know until they strip the existing plaster back . Unfortunately the leak was from a hot water pipe which was leaking for hours (during the night) before I found it the next morning. An estimate is yet to be obtained.
If a claim is being made on insurance, I am not entirely sure what your question is?
Can we withhold the money we still owe until we have a satisfactory resolution?
Yes indeed, but only the actual cost you have incurred.
They are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 as they have failed to act with all reasonable skill and care and they have been negligent.
what can we do about this breach?
You can sue for loss and damage if you have not insurance.
And distress caused.
But it should go through your insurance first
Then once that matter is settled you could sue for stress caused etc.
But I would let your insurance resolve the matter first.
Otherwise things could get confused.
Can I clarify anything for you?
. Are we ok to withhold the money until we have a response from the insurance company and the damage has been fixed and all work has been satisfactorily concluded e.g. repair of office leaking roof and the damage that it is causing. There is also an issue with my work, I work from home and I no longer have an office would I include the problems this has created if we sue for stress etc.
Yes I think you are ok to do that.
Yes it would include stress etc.
Is that helpful?
Yes thank you
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One final point, looking through your response I couldn't locate anything on the issue regarding their terms and conditions. Can they apply terms and conditions we have never seen or been made aware of?
That's great thank you