How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

I have had a Central Heating Boiler fitted bythe Gas Board

Resolved Question:

I have had a Central Heating Boiler fitted bythe Gas Board August 2011 and there have been numerous faults Wiring Neutral wire fixed to Earth Terminal Earth Wire fixed to Neutral terminal Censor for hot water Tank set at 70 instead of 55. Another fault has been drawn to my notice the pipe work done by the Gas Board has a joint which is leaking -Soldered Joint and the Gas Board deny any liabi;lity. They have agreed that they are liable for the electral Faults. The Gaqs Board employees have been sorting out the bad Electrical work from July 2013 and only finished Febreuary 2014. The leaking water fitting was covered by insulation and the water drips were going behind the Tank onto the back wall
and not easy to see.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

from what you say, may I can clarify that I'm correct to understand that you paid the gas board to fit a new boiler directly - i.e. you did not pay a third party but paid the gas board directly please?

Joshua :

may I also clarify when you refer to the gas boardw, you referred to one of a number of private energy companies that supply gas such as British Gas, Npower etc?

Joshua :

Are you having any difficulty? I note you have posted a second question on this subject.

Customer:

Gas Board was paid for the Fitting of a new Boiler and Hot water Tank and all the pipe work and controls necessary

Joshua :

Thanks.

Joshua :

based upon what you say, the company you paid to fit and supply your boiler are responsible to you under the provisions of the supply of goods and services act to supply you with parts and equipment that of satisfactory quality and fit for purpose and in addition, their labour and service to you must be of satisfactory quality.

Joshua :

liability under the above legislation can last for up to 6 years so far as it is reasonable to expect parts to last. given that the boiler installation was only installed less than two years ago, it is reasonable to expect that both the workmanship and parts supplied should still be sound.

Joshua :

accordingly, you may consider writing to the company involved reiterating your dissatisfaction with regards XXXXX XXXXX the issues encountered to date and also the ongoing issue which has not been resolved. you may consider advising that you require them to make substantive proposals to attend your property in order to repair the faulty pipe they installed within the next 7-10 days failing which you will contact the alternative independent contractor to provide a quotation for repairing the same and look to the original energy company for the cost of the same

Joshua :

if the original energy company does not respond to your above correspondence which you could send by email or by fax or letter has you prefer, you may consider contacting an independent contractor (ideally if possible two using the cheaper) asking them to rectify the issue and whilst they are there, identify any other concerns they may have regarding the installation

Joshua :

you have a basis to look to the original energy company for any costs of the third-party contractor. The basis of your claim would be a breach of contract against the original installer under the terms implied into your contract by the supply of goods and services act referred to above. If necessary, you can ultimately issue proceedings in the County court to recover such costs of an independent contractor either before or after work is carried out by using the courts online issuing service www.moneyclaim.gov.uk.

Joshua :

on the basis the claim would be less than £10,000, it would be heard in the small claims track which is both cost effective and straightforward and does not expose you to the risk of the other party claiming legal fees as legal costs cannot be claimed in the small claims court

Joshua :

is there anything above I can clarify for you?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua and 2 other Law Specialists are ready to help you