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Workmen chipped new bath - Repair or Replace?

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  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    Try and look at it this way: If YOU had damaged your bath and decided to put it through your home insurers, their liability to you is to put you in the same position as you were prior to the damage occuring.

    They would send someone out to assess the damage and if the item could be fixed without any loss of integrity of the item (which includes sinks, baths, laminate worktops, upvc doors and even carpets), then that is the option they will choose.

    If this went 'legal', and you ended up in the small claims court, then you could only expect the Courts decision to put you in the same position as you were prior to the damage occuring. If the Court said a repair was adequate, then you couldn't insist on a replacement bath unless you could demonstrate that a repair would be detrimental to your enjoyment of the bath.

    As Andyhop in post #6 suggtests, the professionalt companies that do these kind of repairs are excellent at what they do and you would not notice the damage. Plus someone like Magic man guarantee all of their repairs anyway.

    I would suggest that you allow the repair to be done but insist someone like Magicman to undertake it on the proviso that if you feel that it can still be seen, then the bath is replaced.

    Case in point: I run a maintenance company and just before easter we installed a bathroom including full tiling. One of the wall tiles endd up getting cracked and I suggested to the client that we get it repaired. She was unhappy with this but I suggested that we had it repaired but if she was unhappy after the repair, we would replace the tile. She agreed to this and was genuinely surprised that she coiudn't see the repair.

    You also need to consider that the replacement of the bath, after the tiles have gone in is very disruptive. Its also very difficult to get a good fit, as best practice is to tile down to the bath, not put the bath 'up' to the tiles. This may well end up as a weak point with long term implications.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • keystone
    keystone Posts: 10,916 Forumite
    annimooboo wrote: »
    My husband is at home with the chap who installed our boiler and he's advised that the cost of the repair is being deducted from his own pocket so is (obviously) insisting on a repair rather than a replacement.
    If true that's disgraceful behaviour by his company in dealing with their employee but anyway its irrelevant to you. Your argument is with his company not him and it is the company that is responsible, Neither can he insist on a repair. Its not his call.

    Its obvious that the company is playing fast and loose with this. They are clearly not involving their professional insurers because its probably too expensive to them to do so. They wouldn't be taking the money from his pocket if they were.

    For me its not the fact that a repair can be guaranteed nor that its invisible. The fact is that you KNOW that a six week old bath has been repaired and the knowledge won't go away. But on the other hand is a bump in the car park to a six week old car requiring a new bumper any different. You certainly don't get the whole car replaced.

    However, as others have said replacement is more than just plugging a new one in. At least the first row of tiles above the existing bath have to come off with a replacement and be put back afterwards.

    Heed what Phil says above but also stand back from the emotional blackmail you are receiving from the employee (you do not know that he isn't being direcetd to say it to get them off the hook). Deal only with the company and in writing.

    Cheers
    The difference between genius and stupidity is that genius has it's limits. - Einstein
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