Who is responsible for this gas pipe damage?

toby_puppy

Last summer we hired a local tradesman to erect a trellis panel in our front garden. He is fully registered as self employed, has sign written vans and lives around the corner from us. We chose him because he had previously done our driveway for us and we were pleased with his work.

When he was hammering a metal stake into the ground for the trellis, he accidentally hit a gas pipe and the gas board were called out to repair it.

He gave them his name and address etc and we have heard nothing more about it until recently we had a letter from the gas board saying that they had been unsuccessful in recovering the £500 damage bill from the contractor, so now they wanted us to pay it.

Apparently, they had even offered him a 50% settlement discount and he still wouldn't pay it.

We emailed them and said that in our opinion, he is fully responsible for the damage. They have replied saying that as we live at the property that we are held liable for the bill and if we don't pay the £250 settlement within 14 days, that they will start legal proceedings for the full amount.

We have contacted the contractor again and he is still refusing to pay - we even offered to split the £250 cost with him, just to get them off our backs. He is saying that they can't do anything in reality because it would be classed as gardening work and they cannot bill you for accidents caused by gardening work.

The pipe which was hit was right in the middle of a conifer hedgerow which separates us from next door, it's not where you would expect a pipe to be, given that the conifers are mature and must have been put in after the pipe was ever there. A dead conifer tree had to be taken down because it was in danger of falling down, so this is how we came to have a gap left in the middle which is why we decided to have trellis put in.

I wouldn't think it was up to us to get the site surveyed for such a small job and we can't claim on our house insurance so it looks like we are stuck with the bill. The annoying thing is that we paid him in full for doing the job too.

Could anyone advise if they can pursue us for this money or are we right in thinking that the contractor should be held responisble for paying it?

Thank you

bris

Not sure about tradesmen but if you get a JCB in to do anything your liable because you need to tell them where the services are so they can avoid them. Tradesmen may be the same, this is probably why he is refusing to pay.

pinkshoes

bris wrote: »

Not sure about tradesmen but if you get a JCB in to do anything your liable because you need to tell them where the services are so they can avoid them. Tradesmen may be the same, this is probably why he is refusing to pay.

A tradesperson carrying out work would ASK where any gas mains or other pipes are.

OP, did he ask before starting the work?

toby_puppy

hi

thanks for replies.

@pinkshoes no he didn't ask us anything about pipes.

wiogs

He should have insurance to cover this sort of thing. If he doesn't that is worrying.

You probably need to pay up then pursue him for the cost.

toby_puppy

Hi wiogs

thanks, he has insurance but I think he doesnt want to claim on it in case his premium goes up.

We are really disappointed in his attitude to the problem, not very good customer care really.

bod1467

That's just tough tatties ... he is liable for the damage, and that's why tradespeople have insurance.

wiogs wrote: »

You probably need to pay up then pursue him for the cost.

This. Pay the £250 then send him a letter before action.

toby_puppy

thank you bod.

Hintza

Did you know the gas pipe was there and did you inform your tradesman?

If you didn't how was he supposed to know?

Unless you can show he was negligent (I think you will struggle) then you will have to pay the bill.

andycris3107

Given that the pipes appear to have been there for some time it is possible that they no longer meet current requirements:

Gas main in roadway - 750mm cover
Gas main in footpath - 600mm cover
Gas service in roadway/footpath - 450mm cover
Gas service in private property - 375mm cover

If the above does not apply then the gas company is responsible. If they do apply then the homeowner accepts responsibility however you have contracted the work to a professional who should be aware of the above and take the necessary steps to avoid any incident. The tradesman should have professional indemnity insurance to cover for this sort of eventuality however this is not obligatory.

Assuming you have a receipt for the work carried out or some other proof that it was he who caused the issue I would suggest that you pay and then attempt to reclaim the money from him. Your offer to split this is generous and he should accept this willingly but I would inform him that not doing so will force you to seek action through the small claims court for the full amount.

societys_child

however you have contracted the work to a professional who should be aware of the above and take the necessary steps to avoid any incident.

Exactly, this is why he has indemnity insurance.