Damage By Carpet Fitter

colstu310

Hi,
Looking for some help regarding damage caused by a carpet fitter who laid a carpet at the weekend for me.
After the fitter left we noticed some scuffing & damage to the doors of our brand new mirrored wardrobes (fitted the day before). There was also a slight issue with the carpet bubbling/lifting in a couple of areas.
We called him & he returned to try & fix the carpet & to begin with denied it was him that caused the damage, then without actually accepting responsibility, said it might have been the bottom of the carpet rubbing against it & that if he did do it it wasnt on purpose & that to check to see what needed done to fix them & let him know.
The scuffing might have been the carpet but there is 1 chip that looks like it has been metal on metal contact (stanley blade/nail etc).
They were fitted the day before & checked before the joiner left & can guarantee that the damage was not caused before the carpet was installed. No one had been in the room & no items were taken into the room. It was completely clear.
I can accept this but at the end of the day he should be careful to take care of the surrounding fixtures/fittings while carrying out his work.

I have contacted the company that installed the wardrobes & they have advised that they can be fixed but obviously at a cost.
I have called the fitter back to advise of the cost to fix to be be told that its too much & that he cant afford it.

The carpet was bought from a store who contract out the fitters, as it is in most cases, so my contract to fit the carpet is with the fitter.

He said he would need to see about his insurance, which i am stating to doubt he has, & played the victim as if he was "only" a carpet fitter & didnt have any money to pay for the damage.

Looking for some advice on how to progress with this......
I could claim my house insurance but then it is a claim against me, plus my excess is more than the cost to fix.
Can i use my insurance to claim his insurance (if he has it)??
I dont think the carpet store will entertain me, but surely the receipt from them for the carpet, which states that the fitting is done independently, is proof of my contract with the fitter?
What are my steps if he refuses to pay? Small claims? Citezens Advice?

Apologies for the long post,
Thanks in advance

cono1717

It needs to be something you take up with the carpet fitter - it seems like he has admitted fault but doesn't want to pay for it. I'm going to assume he doesn't have public liability insurance but if he does then you would claim through them.

Failing that you would have to look at going down the court route.

bod1467

I'm not sure public liability insurance would cover this anyway? Professional Liability insurance would.

Marktheshark

Did you pay the store a "fitted price" or did they just sell you a carpet and give you the number of some fitters.
The relationship of agent and principle is the legal test here.
The store may not be able to side step the issue if the fitter had an agent or contractor relationship with them.

Can you answer ?

Carrot007

Castle wrote: »

Public liability will cover loss or damage to property:-
https://www.abi.org.uk/Insurance-and-savings/Products/Business-insurance/Liability-insurance/Public-liability-insurance

Public means 3rd party, not the person who emplyed the fitter. But hey should have professional liability insurance too if they are resonable. Otherwise its moneyclaimonline.

Castle

Carrot007 wrote: »

Public means 3rd party, not the person who emplyed the fitter. But hey should have professional liability insurance too if they are resonable. Otherwise its moneyclaimonline.

Thanks; I did some further reading and you are correct it's just third party; (original message now deleted).

Mr_Poves

It's an awkward one , the store always say fitting is nothing to do with them , but when it suit's the other way around it's fine .
I would definitely follow it up with the store as they contract / sub the work out .
Finally you won't be happy with this , but after any work has been done it should be checked straight away before the tradesman leaves , you are fairly lucky he has not completely denied it as alot of other's would .
p.s - The backing of carpets can be quite rough , almost like sandpaper sometimes , so imagine trying to fit one without touching the backing on anything ?
This is why I take all my own work on and go and survey every job first , making the customer aware of any potential issues , but it does sound like he could of been more careful .

colstu310

Thank you all for the replies.....

Marktheshark wrote: »

Did you pay the store a "fitted price" or did they just sell you a carpet and give you the number of some fitters.
The relationship of agent and principle is the legal test here.
The store may not be able to side step the issue if the fitter had an agent or contractor relationship with them. Can you answer ?

I paid the store for the carpet, the fitter was paid seperately after the job was completed. They ask if you want it fitted, i said yes & they just send someone with the carpet to do it. I did not contact the fitter directly, nor did i have a choice of their "recommended" fitters.

I called the store last night & they have denied any responsibility of what the fitter does. They do not hold insurance details of fitters & do not even ask for proof of this from their fitters.
The fitter called back today with a bit of a sob story that hes been up all night thinking about etc etc & he knew i had contacted the carpet store to ask about his insurance details.
Hes asked for pictures of the damage, i assumed for insurance purposes & also if he could be there when the doors are being repaired.
I agreed as i have nothing to hide but he then goes on to tell me that his insurance has "just ran out" so its going to cost him cash to fix it. I agreed & said that it cost me cash to have them installed in the 1st place!

Thanks Mr Poves, I will certainly be checking everything from now on before anyone leaves. I fully appreciate that the back of carpet can be rough & that this may have caused the scuffing. The other mark is a chip & no way the backing would have caused it. Its been caused by metal on metal.
As you say, if he felt that anything was giong to be in his way he should have asked. Although there was nothing in the room that i could have phsyically moved with the wardorbes being fitted & attached to the walls!
I fully appreciate that accidents happen but thats the point in insurance. Thats why ive got insureance for my car & mobile & buildings/contents!

Next steps is to find out what to do now that he has no insurance :mad:

Mr_Poves

In honesty I think you will have fun and games , how much are we talking to rectify the damage ?
Alot of the bigger stores insist on insurance being in place , and or take a form of security bond in case of problems , but this is mainly if the fitter makes a hash of a job and they need to replace a carpet etc , I would still advise to follow it up with the shop , as they are the ones who have recommended the guy simply by giving him the carpet , they can't have it both ways , is it a big store ?

colstu310

Mr_Poves wrote: »

In honesty I think you will have fun and games , how much are we talking to rectify the damage ?
Alot of the bigger stores insist on insurance being in place , and or take a form of security bond in case of problems , but this is mainly if the fitter makes a hash of a job and they need to replace a carpet etc , I would still advise to follow it up with the shop , as they are the ones who have recommended the guy simply by giving him the carpet , they can't have it both ways , is it a big store ?

Yeah I think it will be fun & games. Its going to be £130 to rectify the doors. Not alot but enough when i've just paid the best part of £1000 to have them installed. Really I should be asking for the £30 i gave him to fit it back aswell.
Along with the doors the carpet itself still isn't right. Its all bubbled in places, he did try to sort this when he came back but its still the same. I am getting someone else to fix it because I dont really want him back in my house.

When I called the shop they said to put it in writing to them. The guy on the phone basically didnt want to commit to anything.
Its not exactly a big chain, they have 2 stores but have been around for as long as I can remember...website says family business thats been around for "over 30 years".

Doors being fixed tomorrow so I'll update then.
Thanks again for the replies

colstu310

Some pics of the damage & the bubbled carpet.....







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