Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the customer alleging that the defects were caused by workmanship issues? Failure to use reasonable care and skill? Kind regards AJ
Hi, Thank you. Technically speaking if you are in breach of contract then the customer can pursue you for such a breach for a period of up to 6 years from when the works were completed. Under the Supply of Goods and Services Act 1982 - there is an implied term that services are carried out with reasonable care and skill - breach this would create a contractual claim. In theory the customer could pursue you for the claim, but they would have to prove you were in breach of contract - have they actually proved your workmanship is the issue? Kind regards AJ
Hi, Thank you. A contract does not need to be written, it can be verbal - the fact that you provided services for remuneration means you have a contract with the customer. Have they shown you details of the independent assessment?
Hi, Thank you. Your options are:
(i) Ignore them and refuse to pay. Doing this you acknowledge there is a risk they could try and sue you for the cost - they will use the expert report to prove you did not lay the floor correctly;
(ii) pay the money and try and recover it from the subcontractor that laid it.
(iii) Negotiate with them. Go and inspect the floor yourself and confirm for yourself whether you caused the issue through the workmanship.
Is it possible the flooring is faulty?
Hi, Thank you. I am not sure Public Liability Insurance would cover this. Do you have professional indemnity insurance? I would check the policy first however. Kind regards AJ