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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am self employed tiler and sole trader and have a dispute

Customer Question

I am self employed tiler and sole trader and have a dispute about a tiled floor I laid for builder August 2013 He supplied all materials so it was just my labour I charged him for it started breaking up in dec 2013 and blames me but adhesive used was poor quality .He had the money to pay a flooring expert ( not tiling expert )to find some faults in the loose tiles which he found a couple but he was also told it was a better quality adhesive used so when I read the report I called him to explain the adhesive wasn't the good type it was the cheaper flexible type he emailed me to let me know it should have been the better one used Im worried that if I'm found even half liable is there a way to spread the cost ? Am I liable for just labour costs only or can he chase me for tiles and adhesive etc as well ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

What is the cost of the job please?

JACUSTOMER-0zd56wkp- : What to redo the required areas ?
JACUSTOMER-0zd56wkp- : Hello is anybody there ?
JACUSTOMER-0zd56wkp- : If it is to redo the areas affected labour approx £1000 tiles approx £2500 materials approx £1000
Alex Watts :

Does he accept the adhesive was poor?

JACUSTOMER-0zd56wkp- : At present no but his flooring expert e mailed me today to suggest it should have been a better grade but I have only just received this
Alex Watts : But the tiles are not defective?
JACUSTOMER-0zd56wkp- : No tiles aren't but he's trying to put liability on me but I feel adhesive he supplied is questionable and that's what I have in email from flooring expert that was employed to find tiling faults
Alex Watts : Well that's not your fault. If the tiles and not defective and the adhesive is of poor quality how are you to blame?
Alex Watts : There is no fault by you.
Alex Watts : You are not liable for anything
Alex Watts : He supplied the adhesive, not you.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-0zd56wkp- : I know but how can I prove this I only have his flooring expert telling me in an email what he thinks is a better adhesive I need to know a way so as to prove less liability and if I'm liable where do I stand if I receive a say a £4000 bill ? And do you think I would be able to pay monthly if it went to court or should it get that far I'm not sure what the procedure is ? thanks
Alex Watts :

You dont have to.

Alex Watts :

If he brings a claim against you, he must show the tiles were defective.

Alex Watts :

If you get a bill for £4000 does not mean you have to pay it.

Alex Watts :

And yes if it went to Court and IF you lost then you could pay monthly

Alex Watts :

Does that help?

JACUSTOMER-0zd56wkp- : Ok but how do I qualify for monthly pay is that the courts to decide ? And what i
JACUSTOMER-0zd56wkp- : Sorry didn't finish that
JACUSTOMER-0zd56wkp- : Do I pay court costs ? How do I qualify for legal aid ?
Alex Watts :

Well monthly payments is a matter for the Judge.

Alex Watts :

You would be required to pay costs if you lost yes. But in reality its a small claim so costs are fixed and limited.

Alex Watts :

No, you wont get legal aid - its a small claim. No one gets legal aid for that as legal costs are not recoverable only the court fees to issue and hear the claim

Alex Watts :

Does that help?

JACUSTOMER-0zd56wkp- : Thanks because I supplied labour only is in his rights to bill me for tiles and adhesive as well?
JACUSTOMER-0zd56wkp- : also should I supply builder with email from flooring expert saying he thinks adhesive should have been better ?
Alex Watts : Yes I would supply the email.
Alex Watts : Does that help?
JACUSTOMER-0zd56wkp- : What about the first point Alex
Alex Watts : He is not in his rights to bill you for tiles and adhesive no.
JACUSTOMER-0zd56wkp- : Ok thanks I think I have covered most points but another thing I have thought about is if I decide to pay him for labour only ( that won't be me because I'm too busy and our relationship has become untenable) would I be in my rights to request whoever he uses that his labour charge isn't anymore than mine would be ?
Alex Watts : Yes of course. That would be loss mitigation too
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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