Legal advice please

Samsquirrel764

Three weeks ago I got a new carpet fitted and slowly over the last three days I have noticed wet patches appearing in the hallway (on the new carpet) and in the kitchen (laminate flooring) anyway tonight wet was worse so I rang British Gas to come and look - the carpet fitters have burst a pipe when the nailed the gripper to the floor and once the gripper was removed water just poured everywhere because it's a concrete base the water had been leaking happily under the hall and kitchen - my question is do I have any comeback on the carpet place to claim a replacement carpet and underlay in hallway please?

hollydays

So, they laid the carpet on a concrete base?
Is that right?

Marktheshark

They have what is know in law as a "duty of care"
This means they must not cause loss or harm.
You should invoice them the total for the damage caused, pipes are often laid in to subscreeds and a simple pipe detector costing as little as £10 would have prevented them nailing through a supply pipe.
By failing to check for service pipes they in my opinion acted negligently and took a chance.
My opinion is not legal advice, you have to pay for that, it is an understanding of case law on duty of care.

Samsquirrel764

Yes that's right

zoob

The recommended minimum depth of concrete screed above service and underfloor hearing pipes is 40mm, so unless the carpet filter used nails that were 40mm or more he might not be to blame, you my have to gather your evidence, and claim against the pipe installer or whoever give the OK for the below minimum level screed.

The nails must have been at least 45mm long to cause damage, that's including thickness of gripper.

If the nails are shorter than that, the fitter is in the clear.

BykerSands

hollydays wrote: »

So, they laid the carpet on a concrete base?
Is that right?

It's not uncommon for houses to have concrete floors and carpet.

hollydays

BykerSands wrote: »

It's not uncommon for houses to have concrete floors and carpet.

Did I say it was?

Marktheshark

There is no law on where water pipes are laid or how deep in a houses, the best practice is assumption, assume that if you nail with concrete pins or drill in to a sub screed that there will be pipes below, and there was.
Hence why carpet fitters often stick gripper down to avoid chancing it.

BykerSands

hollydays wrote: »

Did I say it was?

So why the need to question it then?

hollydays

BykerSands wrote: »

So why the need to question it then?

If you are looking at posts to pick at, try harder.
You made an assumption about what I meant, that's your problem.

BykerSands

hollydays wrote: »

If you are looking at posts to pick at, try harder.
You made an assumption about what I meant, that's your problem.

So what did you actually mean when you wrote?

hollydays wrote: »

So, they laid the carpet on a concrete base?
Is that right?