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anglinan water flooded our property due to burst water main they have carried out refurbishment of house but have failed to dry the property are we within our rights to let our insurance come in and re do repairs, we have not accepted any compensation yet
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.
From what you say am I correct to conclude that Anglian accepted negligence on their part for the burst pipe - hence agreeing to carry out repairs - but have failed to carry out repairs to your reasonable satisfaction?
Yes that's correct
Thanks. Based on what you say this would appear to be relatively straightforward in legal terms at least. usually the most difficult element with regards ***** ***** situations is the water undertaker claiming that they are not negligent and that the burst water pipe is simply an accident thereby resisting your claim however this does not appear to be the case here. Rather this is a question about the satisfaction with work carried out.
Where the water company carries out work to remediate damage caused by its negligence, such work is required to be carried out to a reasonable standard and where necessary, in compliance with building regulations. If you consider that the work has not been carried out to a reasonable standard, then you can require the water undertaker to bring the work up to such a standard at their cost. If they refuse, you would have the basis of the claim against them for the cost of employing an alternative contractor to complete the work.
How you might choose to proceed with achieving the above is largely a matter for you. You could decide to proceed through your insurer or directly.. Whichever way you choose to proceed, the water undertaker must be allowed the opportunity in the first instance to remedy the work themselves and so the first step is to contact the water undertaker to advise them of your precise issues with the work they have carried out and invite them to attend to remedy the same. You should keep a record in writing of your communications in this respect
if the water company refuses or unreasonably delays or carries out further work which remains unsatisfactory, you may decide to seek your own contractors to quote from remedying the work (ideally you would obtain two quotes at least and use the cheapest) and look to the water company for the cost if necessary through the Small Claims Court; alternatively, you may decide to proceed through your insurer either as a claim which the insurer then seeks to reclaim from the water undertaker or using the insurance companies legal assistance option if your policy offers the service or combination of the two. If you decide to proceed through your insurer, ensure that you fully understand the basis upon which the claim will proceed because ideally you do not wish to end up with a claim being made against your policy which will have the effect of increasing your premiums in the future.
Finally, as regards ***** ***** question as to whether you can have your insurance company come to do the repairs, I think we have largely covered this above but to be succinct on the point, this would appear to be permissible providing you can demonstrate either personally or through your insurer that the water undertake has been given reasonable opportunity to remedy the works themselves first.
Does the above answer all your questions or is there anything I can clarify or help you with any further?
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