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My name isXXXXX and I'm happy to help with your question today.
When was the boiler fitted and what has gone wrong with it?
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
Also is there a time limit on my liability
The limitation period is set out in the Limitations Act 1980.
Under s.5 of that Act the limitation period for 'breach of contract' is 6 years.
So if 3 years have passed you are still within the limitation period.
So whats my position
Do you agree or disagree with the height?
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.
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.
Also I was specifically asked b
by my previous client to fit the boiler at that height