Should I pay for mis-diagnosed leak?

Mm-ska

Advice urgently needed. Just after the snow thawed we had a persistant drip coming through our bathroom and down through our living room. We looked in the loft at the water tank and couldn't see evidence of any leak. We called a roofer (from check-a-trade) who inspected the roof and said that the new-build house next door's ajoining gully was not finished properly and was filled with water and causing the leak, but it was next doors' problem. The people next door decided to go for their own roofer who confirmed this and in the interim put up some tarpaulin. The leak got worse over the weekend and when I told the roofer this he decided to investigate further in our loft and discovered it was the overflow from our tank after all. We called a plumber and the problem was solved in half an hour. We have now received an invoice from the roofer for nearly £400 to pay for the scaffolding, wasted time and materials that he says he can't return. Is this fair? Shouldn't the roofer have checked properly in our loft before confirming this was the cause of the leak? I feel like we have no rights at all here and have no comeback as have put all faith in the tradesmen and not handled this properly or asked the right questions. Has anyone had a similar problem? Can any roofers advise? Thanks.

keystone

Mm-ska wrote: »

Advice urgently needed. Just after the snow thawed we had a persistant drip coming through our bathroom and down through our living room. We looked in the loft at the water tank and couldn't see evidence of any leak.

So YOU checked inside the roof. Did the roofer ask if it was inside? Did you say "we've had a look and can't find anything"

We called a roofer (from check-a-trade) who inspected the roof and said that the new-build house next door's ajoining gully was not finished properly and was filled with water and causing the leak, but it was next doors' problem.

Presumably thats what he needed the scaffolding for initially.

The people next door decided to go for their own roofer who confirmed this and in the interim put up some tarpaulin.

OK - their choice.

We have now received an invoice from the roofer for nearly £400 to pay for the scaffolding, wasted time and materials that he says he can't return. Is this fair?

On the face of it it sounds as though it very probably is. Was it scaffolding or a scaffold tower? If the rear of the property was scaffolded thats normally £ 400 or so on its own. In that cae you prolly got off lightly.

Shouldn't the roofer have checked properly in our loft before confirming this was the cause of the leak?

Did you employ him as a roofer or as a plumber?

I feel like we have no rights at all here and have no comeback as have put all faith in the tradesmen and not handled this properly or asked the right questions. Has anyone had a similar problem? Can any roofers advise? Thanks.

A lot hinges here on whether you told him that you had already checked inside and found nothing? If you had not actually checked would you have asked him to "please check inside as well".

I have a sneaky feeling that the implied communications issues in your post are two way and not just his fault. On balance I have a feeling that you peobably should pay unless you come up with anything else that alters my thoughts.

Sorry thats not much help.

Cheers

1984ReturnsForReal_2

If the scaffold never went up don't pay for it.

As for everything else, you called a roofer.........

keystone

1984ReturnsForReal wrote: »

If the scaffold never went up don't pay for it.

Oh yes absolutely - I was assuming it had.

Cheers

Mm-ska

Thanks for your replies. Yes I had told the 2nd roofers that we had looked in the loft - but i'm not a plumber or a roofer which is why i called in the professionals! And of course I wouldn't have expected the roofer to check the water tank in the loft but to check the inside of the roof - if he had seen no evidence of a leak I would have then called a plumber. My point is this - the roofers told the neighbours that their roofing was inadequate and was causing the leak in our house, and it needed re-covering. The neighbours (who had hired them) gave them the go -ahead and the tower scaffolding went up. It was their man who confirmed it was the cause. What could I have done to avoid this outcome? Got a third opinion in? The roofers inspected the roof on ladders initially and the scaffolding went up the morning we realised where the leak was coming from. The roofer then on the neighbours request tarred part of the roof for them, but they have not been billed at all and are not offering to contribute.

keystone

Mm-ska wrote: »

Thanks for your replies. Yes I had told the 2nd roofers that we had looked in the loft - but i'm not a plumber or a roofer which is why i called in the professionals! And of course I wouldn't have expected the roofer to check the water tank in the loft but to check the inside of the roof - if he had seen no evidence of a leak I would have then called a plumber. My point is this - the roofers told the neighbours that their roofing was inadequate and was causing the leak in our house, and it needed re-covering. The neighbours (who had hired them) gave them the go -ahead and the tower scaffolding went up. It was their man who confirmed it was the cause. What could I have done to avoid this outcome? Got a third opinion in? The roofers inspected the roof on ladders initially and the scaffolding went up the morning we realised where the leak was coming from. The roofer then on the neighbours request tarred part of the roof for them, but they have not been billed at all and are not offering to contribute.

I am now confused TBH. You are saying it was the second roofer that put the scaffolding up and is giving you the invoice but it was the neighbour who hired the second roofer! If anyone should pay it should be your neighbour IMHO. If I read this right it seems they hired a guy who took the first guys word for it that it was the neighbours roof without checking hiself. A tad unprofessional if I might say so. So he's bought materials on the sayso of the first roofer, erected scaffolding, found out that wasn't the problem and is now seeking financial recompense for his trouble. As the neighbour hired him in the first place it should be the neighbour that pays IMHO. However, ten gets you five he's already submitted his invoice there and they've told him to go away (very politely of course) so he is now trying it on with you.

Sounds to me like a three way split is the most amicable solution all round.

Cheers

Mm-ska

Yes keystone this is exactly the situation. And I do agree the 2nd roofer is being unprofessional - especially now he's using intimidation as a means to get paid whilst we try to amicably resolve this issue. We have offered to put up half the money just to sort it out quickly and not cause bad feeling. I will be much wiser next time . Thanks for your comments.

loracan1

Just for further clarification - your neighbours employed a roofer to fix their roof, that (2nd)roofer(that you didn't contact) erected scaffolding, tarred something on their roof and has now billed you?

Tucker

Did he issue with any cancellation rights in writing before doing any work or ask you to sign a waiver regarding your cancellation rights? If not he's not complied with the law in any event and in essence, you don't have to pay him anything. This applies to any tradesman doing any work in your home:

[FONT=Verdana, sans-serif]Main Legal Controls[/FONT]

[FONT=Verdana, sans-serif]New legislation means that people who carry out work in or at a consumer’s home or garden and the work costs more than £35 probably need to provide a written 7 day notice of cancellation to the customer prior to starting the work. The new regulations give consumers the right to cancel a contract for goods or services made during a visit by a trader, whether the visit is unsolicited or solicited. This includes contracts for the construction of extensions, patios, conservatories and driveways.[/FONT]


[FONT=Verdana, sans-serif]What happens if I don’t supply the written notice of cancellation?[/FONT]
[FONT=Verdana, sans-serif]Failure to provide the Notice of the Right to Cancel as detailed means that you may commit a criminal offence which if convicted carries a maximum fine of £5000. Furthermore, the contract may be deemed unenforceable against the consumer and they will not have to pay for the work done regardless of any verbal agreements that may exist.[/FONT]
[FONT=Verdana, sans-serif]
[/FONT]

tomstickland

Which roofer sent you a bill?

plumb1_2

Tucker wrote: »

[FONT=Verdana, sans-serif]Main Legal Controls[/FONT]

[FONT=Verdana, sans-serif]New legislation means that people who carry out work in or at a consumer’s home or garden and the work costs more than £35 probably need to provide a written 7 day notice of cancellation to the customer prior to starting the work. The new regulations give consumers the right to cancel a contract for goods or services made during a visit by a trader, whether the visit is unsolicited or solicited. This includes contracts for the construction of extensions, patios, conservatories and driveways.[/FONT]


[FONT=Verdana, sans-serif][/FONT]

Probably that's is the Big ??????. So i now need to give a 7 day notice to the customer when i charge £50 to repair a burst pipe?