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Ask Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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What is the time limit on Liability of a gas installer when

Resolved Question:

What is the time limit on Liability of a gas installer when he has fitted a boiler
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

My name isXXXXX and I'm happy to help with your question today.

Alex Hughes :

When was the boiler fitted and what has gone wrong with it?

Customer:

In my second question I said that it was fitted 3 years ago. The people who I fitted it for recently moved. The new occupier has made a complaint to Gas safe that under regulations the boiler is to close to the floor 100mm instead of 180mm

Customer:

Also is there a time limit on my liability

Alex Hughes :

The limitation period is set out in the Limitations Act 1980.

Alex Hughes :

Under s.5 of that Act the limitation period for 'breach of contract' is 6 years.

Alex Hughes :

So if 3 years have passed you are still within the limitation period.

Customer:

So whats my position

Alex Hughes :

Do you agree or disagree with the height?

Customer:

I agree

Alex Hughes :

As a matter of law you are still within the liability - so you could be sued for breach of contract on the basis that you failed to exercise 'reasonable skill and care'. However, the new owner would not be able to sue for breach of contract because your agreement to fit the boiler was with the original owner. In legal terms there is no 'privity of contract' between you and the new owner. The best he could do is make a complaint to your regulatory body - obviously if the complaint is upheld this could have consequences for you so you should think about rectifying the work if you agree that the boiler should be fitted higher.

Customer:

Ok thankyou. unfortunately my business is about to close so I may have to pay someone else to do the work. What can the customer reasonably expect me to do.

Customer:

Also I was specifically asked b

Customer:

y

Customer:

by my previous client to fit the boiler at that height

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