How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75974
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

A company fitting a new floor have damaged my new wardrobes.

This answer was rated:

A company fitting a new floor have damaged my new wardrobes. I have paid Sharps £690 to repair this but the flooring company is refusing to accept responsibility saying that the wardrobes should not have been fitted on the existing laminate floor.
JA: Where are you? It matters because laws vary by location.
Customer: Shinfield, Reading, England
JA: What steps have you taken so far?
Customer: The manager of the flooring company looked at the damage. Sharps have assessed the damage and given a price, which I have paid, for repair. I have attached this invoice/receipt to an email to the flooring company and they have replied this morning refusing to pay
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long ago was this? and what is your specific query so that I can best advise?

Ben Jones and 5 other Law Specialists are ready to help you
Customer: replied 10 days ago.
The floor was fitted s couple of weeks ago. The fitters removed the old flooring from under one part of the wardrobes causing them the drop. I only received a breakdown of costs of repair from Sharps last Friday, emailed the flooring company yesterday and received an email this morning from them refusing to pay for the damage. The cost of repair is £690, I owe the flooring company just over £2,900.

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Hi there, so when a consumer enters into a contract for services, the Consumer Rights Act 2015 says that such services must be:

- Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession)

In the event of substandard work, the trader should either redo the parts of the work which are inadequate or perform the whole service again at no extra cost to the customer. This must be done within a reasonable time and without causing significant inconvenience. If this is not possible, the consumer can claim a price reduction, based on the severity of the issues. That is something which should be negotiated between the two parties. However, if the trader refuses to resolve the issues, the consumer can consider getting someone else to do this and either deduct these costs from the balance that is still owed to the original trader, or pursue them for any extra costs that have been incurred as a result.

So the yardstick against which the trader is judged is what would a competent trader in their position have done and should it have been obvious that what they did would have caused damage. If they are blaming the previous installation of the wardrobes, then they would have known they are not happy with it and should have brought that up with you before doing the work, giving you the choice on how to proceed.

At this stage, you can deduct the repair costs from the total owed and leave it for them to decide on if and how to take it further.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 6 days ago.
Morning Ben. Well the manager of the flooring company has offered me £230 as a 'goodwill gesture' and has said he will not be held responsible for the full amount and, if necessary, will take this to court. This doesn't bother me but my question to you is at this stage should I offer to pay the balance of the invoice minus the £690? Thanks

. Hi there, I would say that is the best approach at this
stage – if he wants to take this to court that is his right but it is also your
right to challenge him over the damage caused and hold him responsible in terms
of the repair costs.

Customer: replied 6 days ago.
Thanks Ben. Have a lovely day

Many thanks, ***** ***** too