breach of contract plumbing & heating company

peeta

hi all, just after some advice please,
we used a local plumbing and heating company to fit first fix (mainly) plumbing and install a ground source heat pump (GSHP). this was for our own, new-build, house.


they did not complete the installation and now refuse to fulfil their obligations, having been paid in full.


this is a list of items we have a grievance over:


1. GSHP installation
This is a renewable heating system and is eligible for an RHI grant, which amounts to about £48,000 over 7 years, so a very considerable sum of money. We paid the firm about £12,000 to install a double heat pump system.
It turns out they are not accredited to fit GSHPs. In other words we can't claim the RHI, unless we get the system certified by an accredited installer.
They provided reassurances both verbally and in writing that their installation would enable us to apply for the RHI. After many excuses they said they would get a third party engineer to certify the system, which after months of waiting never happened.


In the end I asked another heating firm to come, painstakingly inspect and eventually certify the GSHP at a cost of £3,500. This allowed us to apply and successfully be awarded the RHI grant


2. Commissioning the GSHP.
This is separate from the 'certification of the GSHP'. Commissioning is needed to actually get the thing to work and (also importantly) to get the system past Building Control.
They would not / could not get the system commissioned. The main reason why is because they did not correctly dilute the antifreeze within the external collector system. Some of the external collectors had an excessively viscous solution which the pumps could not circulate.
I had to contact the firm who fitted the collector system to dig up the pipes, flush and repair everything at a cost of £1,000.


The heating firm refused to pay the bill, and refused to attend and complete the commissioning, despite being paid £4,000 to do so.


In the end I complained to the GSHP manufacturer who attended and commissioned the pumps (and provided a certificate to prove this) without charge, but I had to incur additional costs in re-filling with antifreeze, of about £500.


3. Radiators.
I was quoted, and paid for, 7 radiators to be fitted. After numerous requests this installation did not happen. They delivered 3 radiators, which are still sitting in my garage, but the remainder are not with me, and none have been fitted.


I got some independent quotes for getting this job done now, and the cost is between £5-6,000. It is harder and more costly now that the house is completed.


In summary...


I feel stupid for having paid in advance -- our build was very fast (pre fab house) and their excuse was that they would have to buy lots of goods / materials and clear out their work schedule to dedicate to my project, and needed full payment in order to commit. A previous firm backed out at the last minute, so I had no choice but to accept their terms


I took several steps to mitigate my losses - by finding another firm to certify the GSHP (reducing the loss considerably), but I'm still several thousand pounds in the red here.


I employed a solicitor to initiate action against the firm. Despite letters and pre-action warnings, the heating firm did nothing.
Since the RHI was sorted my losses have dropped to below £10,000 so I think I'd like to consider a claim:


£3,500 paid to the certified engineers
Part of the commissioning cost, eg £1,500 should be refunded
The radiators that were never installed - £5,000


What are my chances of a successful claim?
And should I win, what if the heating company doesn't pay?


thanks

Ectophile

Your chances of getting any money largely depend on whether the company has any assets worth having.

If they have a rented office, rented computers, rented vans and so on, then they have nothing to seize.