Builder's plumber scratched floor

alex20111

Hi,

We recently bought a new build directly from Telford homes. There was a leak from our bathroom into the flat below due to a fault with the plumbing. We work during the week so allowed the telford's plumber to enter during the day to fix the leak.

However we noticed a few days later a load of scratches on the wooden floor outside the problem bathroom. They arent very bad, but still noticeable, and the rest of the floor is perfect. I complained, but the plumber says it is nothing to do with them. I know it wasn't us!

So it's our word against theirs and so telfords aren't going to fix it. They offered to try and repair the scratches but it didn't really do anything.

Do I have any legal right to claim or do I just have to pay for this to be fixed myself?

Thanks

dorset_nurse

I think because they have tried to fix the scratches they have admitted liability, so you would have a strong case if you were to take it further.
However it will probably cost you more than it is worth- financially and in stress.
Is the floor going to become more scratched with wear anyway? If that is the case I would leave it.
You could try a solicitors letter to see if it scares them into fixing it for you?

G_M

Of course you have a legal right to claim. That is what the courts are there for - so people can claim for things and the courts can decide if the claim is valid or not.

The next question, of course, is - would the claim be valid? Yes; the plumber damaged the floor so the plumber/his employer is responsible.

The penultimate question is can you prove the plumber caused the damage? Not definitively. As you say your word against his, so it depends who the court believes. But if it's a New Build, and you've only recently moved in, then you have only had limited time to cause the damage yourselves, which might influence the court.

Finally - is it worth the hastle? Depends how serious the damage is and how much it agrieves you!