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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I am currently dealing with a complaint I have with my wood

Customer Question

I am currently dealing with a complaint I have with my wood block floors which were laid some time ago as a result of a subsidence claim. The wood floors are becoming delaminated from the under screed prabably because the new floor screed laid at the time was not full dry.My Insurers have accepted liability for this but they and their builders are asking me to sign a waiver in respect of a new replacement wood block floor.

Should I agree to this and presumably lose my consumer rights.
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

Are you aware why they want you to waive your rights?
Customer: replied 4 years ago.
My apologies for late response. The reason why they want a waiver is because they say they have no experience with the particular wood type being suggested. Original floor complained of to insurers was Burmese teak which unfortunately is no longer available, but a similar wood called Izombe is recognised in the industry as a suitable alternative and is available. This seems to be a satisfactory choice however the building co. used by my insurers have no personal experience with it hence they are seeking a waiver and encouraged by insurer it would seem.
Expert:  James Mather replied 4 years ago.

I would get your
insurance company to deal with this.

I would not be
signing any waiver because the whole thing may end up being worse than it was
in the first place.

If the floor company
will not do the job and warranty it, change floor companies.

If this is the floor
company instructed by the insurance company, then they have to deal with it.

Whatever happens, you
need to insist that the job carries some kind of warranty.

You are entitled
(provided it is not an impossibility) to be put back into the position which
you were in had the damage not occurred. I assume that this ward is literally
no longer available and it is not that they cannot find it.

The flooring company
are going to have to work at some stage with this new wood so they need to go
through a steep learning curve

Does that
answer the question? Can I assist any further? I am happy to answer any
specific points you want to raise.

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I am
offline shortly until later and will pick this up then if needed.

Customer: replied 4 years ago.



My insurers insist that I deal directly with their builders which is strange as I do not have a contract with them but presumably with the insurers only.


They also say that they,the insurers cannot deal with any other builder only those to whom they are contracted and if I wish to go to another builder I can, but clearly they would expect me to accept full responsibility.

Expert:  James Mather replied 4 years ago.

They are
correct in what they say that if you instruct another builder, and it goes
wrong, you are then faced with dealing with that builder and and the insurance
company will have no liability. However, that is what the builders are asking
you to sign in any event!

insurers are wrong when they say that you cannot deal with anyone other than
their builder although you may end up having a bit of an argument with them.

I would
still not be signing an indemnity with their builder because if you do that,
you may as well employ your own builder who at least you can sue if it goes
pear shaped.

Does that
answer the question? Can I assist further? I am happy to answer any specific
points you want to ask or that need clarification.

Please don't forget to positively rate my answer

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