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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience:  Over 5 years in practice
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hi I had a plumber come to fit a sink, whilst doing this he

Customer Question

hi
I had a plumber come to fit a sink, whilst doing this he has badly damaged a very expensive wooden worksurface through carelessness - which cost us a couple of thousand pounds when we had it made.
The company that made the worksurface say it cant be repaired it situ - so would have to be taken back to their workshop and remanufactured - probably costing around £1000.
The plumber we used seems to have been a one man band, so we are just about to contact him with the quote (he admitted he had caused damaged and made a very quick exit without charging for the sink fitting).
Does every tradesman (even one man band) have to have professional indemnity insurance to cover this kind of thing? And if he didnt - what are our options?
Would appreciated your advise. Regards XXXXX XXXXX XXXXXXXXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is he a limited company?

Is he refusing to pay?
Customer: replied 3 years ago.

hi


 


No hes not a limited company , although hes operating as a sole trader as a plumber - i was assuming everyone should have indemnity insurance even then


 


He was not aware of the cost of the worksurface and doesnt seem happy to pay - hence I was wondering if he doesnt have insurance (which he hasnt yet confirmed to me) , but its clear negligence by him , how can I recoup the money from him for the damage he has caused

Customer: replied 3 years ago.

 


hi


 


 


 


No hes not a limited company , although hes operating as a sole trader as a plumber - i was assuming everyone should have indemnity insurance even then


 


 


 


He was not aware of the cost of the worksurface and doesnt seem happy to pay - hence I was wondering if he doesnt have insurance (which he hasnt yet confirmed to me) , but its clear negligence by him , how can I recoup the money from him for the damage he has caused

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

Whether or not he has insurance isn't really a huge problem.

There may well be some professional requirement for insurance but he isn't committing an offence in not doing so. Anybody can do DIY plumbing on their own house or anybody else's if they choose uninsured without offending against the criminal law.

All that will mean is that he cannot claim on his insurance. He doesn't mean that he isn't personally liable. In fact, its easier to claim from him anyway as he is less likely to defend it.

If he refuses to pay then you can issue here

www.moneyclaim.gov.uk

But send him a letter before action first warning him of your intention to sue if he does not pay within 28 days. Maybe it will work. Maybe not. But it will protect you from costs.

Hope this helps. Please let me know if you need more information.

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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