Workmen damaged my kitchen surface!

Armitage

Would really appreciate any advice on this one!

Workman were contracted by a kitchen hob supplier to remove an old gas hob and fit a new one. In the course of doing so, they ripped off a medium sized section of the kitchen surface (10 x 4 cm). That's obviously pretty bad damage to the surface. I'm going to contact the supplier to discuss what to do next, but I'm not clear on what my legal rights are, and more importantly what it's reasonable for me to ask for....

Complicating problems:

1. Surface was not in pristine condition prior to damage.
2. After damage, installers claimed previous hob had been incorrectly fitted (being glued down rather than screwed in place).That may be right, as the previous occupants of the flat did a lot of dodgy DIY, but it seems to me (a) the installers knew how it had been fitted before deciding to carry on with installation, and (b) they could have, e.g., cut the glue with a stanley knife instead of just ripping it out & causing damage. i.e. they didn't take reasonable care.

Given (1), I don't know whether it's reasonable for me to demand replacement costs for the entire surface.... Re (2), I don't know what to make of it really.... any advice would be much appreciated!

4743hudsonj

Well before getting into it, its nice to see a poster who can be realistic.

You make mention to the word "reasonable". You have answered your own question unfortunately as only a judge would be able to make a legally binding decision on what "reasonable" entails.

We can only guess.

As a rough guess i would ask them to cover 50-75% of the cost of units, mainly due to the condition.

If you already didnt know, the law surrounding this is The Supply of Goods and Services act 1994 where all services must be carried of with "reasonable skill and attention"
http://www.legislation.gov.uk/ukpga/1994/35/section/1

Armitage

Thanks. I guess my main worry is that kitchen surfaces are hard/impossible to repair, and expensive to replace, so I imagine the company will be reluctant to pay £100s compensation when the original contract value was only < £100. Actually, that's a good question - under the Supply of Goods and Services Act, is it open to me to ask for more in the way of redress then the value of the original contract?

dori2o

Armitage wrote: »

Thanks. I guess my main worry is that kitchen surfaces are hard/impossible to repair, and expensive to replace, so I imagine the company will be reluctant to pay £100s compensation when the original contract value was only < £100. Actually, that's a good question - under the Supply of Goods and Services Act, is it open to me to ask for more in the way of redress then the value of the original contract?

Yes if the damaged caused was solely due to the operators lack of care and skill. Most businesses will have insurance to cover the cost of any claims against them.

Equaliser123

I would make your claim in negligence rather than under the SOGASA as the remedy will be better for you.

GillsMan7

Armitage wrote: »

Thanks. I guess my main worry is that kitchen surfaces are hard/impossible to repair, and expensive to replace, so I imagine the company will be reluctant to pay £100s compensation when the original contract value was only < £100. Actually, that's a good question - under the Supply of Goods and Services Act, is it open to me to ask for more in the way of redress then the value of the original contract?

Probably true, but that's why they should hold Professional Indemnity Insurance, to cover against such claims.

Armitage

Thanks for everyone's replies!