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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We employed a builder to replace our guttering 2 years ago.

Resolved Question:

We employed a builder to replace our guttering 2 years ago. Adjoining neighbour is now alledging that said builder forced her bath pipe into the hopper causing a leak in her bathroom. She says she had to smash the tiled bath panel to get to the pipe and stop the leak and holds us responsible for the cost of putting this right. Is she correct? Or is it now between her and the builder?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

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

Alex Watts :

If the builder has been negligent then yes the neighbour can issue proceedings against the builder.

Alex Watts :

It is the builder who has been negligent not you;

Alex Watts :

You had instructed the builder assuming he was a professional and knew what he was doing

Alex Watts :

Therefore if not the neighbours can issue proceedings direct.

Alex Watts :

They might try and issue against you as you had instructed the builder.

Alex Watts :

If that happens then you have to counter sue the builder.

Alex Watts :

In any event the builder should be insured for this

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

The neighbour says she doen't want the builder to do the work to out the bathroom right and wouldn't even let him in to see the damage. She has had an estimate done by an independent tiler but it includes replacing other tiles in the bathroom that match the blue ones on the bath panel. She says this is because she wants them all to match! This estimate was very high in my opinion (£495) so we offered to get an independent tiler to give another estimate but in some ways I don't want to get involved as I feel it is between her and the builder!

Alex Watts :

The builder should be given the opportunity to do the work, this is called mitigating your loss

Alex Watts :

In any event the neighbour should get 3 quotes for getting the work done and pick the cheapest

Alex Watts :

Does that help?

Customer:

That's what he offered to do but she wouldn't allow it. That's why he offered £250 as a good will gesture. She has only got one quote, saying he was the only tiler who would come out for such a small job. She has been round to our door twice shouting at us to get it sorted which I feel constitutes harrassment.

Alex Watts :

She would have to show, if it went to Court that she mitigated the loss.

Alex Watts :

I dont think she has

Alex Watts :

She needs to give the builder a chance to put it right then get a number of quotes and pick the cheapest

Alex Watts :

So even if the claim won, I dont think she would get anything

Alex Watts :

Does that help?

Customer:

Yes it does . Thank you!

Alex Watts :

Can I help with anything else today?

Customer:

Can you email me this in a printable version so that I can show my neighbour and the builder please? That way I'm hoping we can get it settled without going to court. You've put my mind at rest though so thanks again.

Alex Watts :

Once you rate the format changes of this chat.

Alex Watts :

You can then copy and paste or come back to it at any time

Alex Watts :

Is that ok?

Customer:

Yes thanks. Excellent service!

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