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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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We have been working under contract client removing

Customer Question

We have been working under contract for a client removing chimney stacks and a variety of other works on a local authority refurbishment scheme. They give us a schedule of works for us to carry out a week in advance but when it comes to do the work they sometimes verbally instruct us a change in the works.
This has not been a problem until last Friday, when they phoned us and asked us why we had removed somebodies chimney stack when they had provided us in writing that it was to be repaired.
There was a gas fire in the property and luckily nobody was injured as the chimney was sealed so there was nowhere for the gases to escape. Although the tenant is meeting a solicitor Monday regards ***** ***** is looking for some sort of claim as the life of her and her family were put in danger.
We rectified the problem as soon as we were notified by fitting a gas flue for the fire and heating system at our own cost and the property is all safe.
The main problem is we are waiting to see what is going to come of all this with the tenant looking for compensation, also we are out of pocket rectifying the situation, the client has sent me a letter blaming our company and saying they do not issue any work verbally and they only issue work to us in written form e-mail etc.
I have evidence of up to another 10 stacks they have verbally told us to remove when in writing they have said no work to be done or repair only.
Basically they have made a major mistake which could have been life threatening as they do all the safety checks before works commence, although they have turned around on this and said we should never had removed the stack only repair as per documentation and I have personally spoken to the tennant and she told me that she was not informed of any type of work being carried out on her chimney repairs or removal by the client or the local authority.
How do we stand if this ends up as a claim against us as everybody has just turned around and pointed to us saying it is our fault as they never instructed us and they have in writing that they asked for a repair even though they would have seen us doing the work and my supervisor is positive he was instructed to get this stack removed by the client although he is not sure which one of 3 people told him as there are a lot of supervisors and managers getting involved on the same works instead of just the one.
I hope this not to complicated to understand.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
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