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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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hello i was asked to replace some decking and fence panels

Resolved Question:

hello i was asked to replace some decking and fence panels on a roof terrace which was old and damaged.this was allready resting on a frame which was laid on top of a flat felt roof and i just replaced the materials above the existing framework the client asked me if the flat roof was ok to which i replied it appears ok at the moment but i cant guarantee someone elses work. i finished the job and the client was happy.approx.a year later i was informed by the client that the flat roof had started to leak and she felt i was responsible because with hind sight she thinks the roof should have been replaced and i should of told her this and subsequently i am responsible for damage caused by this leak and is wanting some refund to help pay for the new decorating work that is in need of repair.do you think i am liable and how should i proceed next thx andrew
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help with this.

Alex Watts :

Did you offer any form of guarantee on the work please?

Alex Watts :

It appears you did not?

Customer:

no i didnt

Alex Watts :

Ok - then you do not need to worry.

Alex Watts :

The law states that work can only be defective if you offer a guarantee or less than 6 months have elapsed.

Alex Watts :

Therefore it has been over 6 months and you have no guarantee so the work is not deemed defective.

Alex Watts :

However that does not stop someone making a claim.

Alex Watts :

But you can resist it on the basis that there is no guarantee and any defect occurred after 12 months.

Alex Watts :

In any event the customer would need to show it was your decking that caused the problem and not the previous structure.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

she is a family member .part of the fencing discoloured and i was willing to refund her this amount and add an amount for goodwill to help her with the decoration bill because i wanted to help the situation but would this appear as if i am admitting responsibility as i am trying to do the right thing. do you think i should do this as i do not feel i am responsible but am trying to draw a close to this bad feeling.

Alex Watts :

Ok - if you are going to do this make sure you state it is in full and final settlement.

Alex Watts :

That covers your position

Alex Watts :

Does that help?

Customer:

i have a familymember visiting this person at the moment who has some money in her possession ready to give the said client when i tell her to do so.do i need a written receipt or do i just get my relative to say this is full and final payment and if she accepts the money is that sufficient .thx

Alex Watts :

As long as there is a witness that is ok. A signed receipt saying full and final settlement would be better though

Alex Watts :

Does this answer the question for you today?

Customer:

yes thx very helpfull of you.have a nice day.

Alex Watts :

Thank you. Might I invite you to rate my answer before you go please?

Alex Watts :

If the system wont allow you or you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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