help understanding legal position

insanemcbain

hi all,

I have recently had my double glazing replaced. Whilst the work was being carried out one of the glazers put his foot through the boards of my flat roof on a back extension, which in turn has caused a leak when it rains. However it is fair to say the roof could do with replacing as the boards seem a little rotten, although no issues with it until this incident. I have initially asked for a discount off the glazing which was turned down.

Please any advice welcomed in regards best ways to approach but the questions I have that spring to mind are...

- Should the glazers have been walking on the flat roof in the first place?
- Am I within my rights to ask for some kind of compensation?
- I am yet to pay for the glazing and I was thinking of holding back some of the payment to cover the costs of the flat roof replacement, can I do this?

Thanks in advance, Brad.

shaun_from_Africa

You should ask the glazing installation company for the details of their public liability insurance and then contact their insurers.

As far as I'm aware, it is legal to keep hold of the payment until the work has been completed to a satisfactory standard so I can't see anything wrong in doing what you suggest.
It might be worth getting a couple of estimates for the repair so you know roughly how much to keep.
Bear in mind that it wouldn't be fair (or possibly legal) to get a complete shiny new flat roof fitted, especially as you admit that the old one was in poor condition.

ValHaller

shaun_from_Africa wrote: »

You should ask the glazing installation company for the details of their public liability insurance and then contact their insurers.

I disagree. Deal with the DG company until their insurers take over. It is for the DG company to invoke their insurance.

forgotmyname

The roof was in a poor condition beware the worker suing you for failure to maintain it.

Keep on their good side. And see what they can do for you. They may know someone that can repair your roof to a good standard with a contribution from yourself.

Getting a new roof is unlikely.

See it from their side, Also and what would you do in their shoes. Your not going to fit a brand new roof when the old one was clearly due for replacement sooner rather than later.

insanemcbain

thanks for the advice, that's given me enough to decide what to do.