damage caused by electrician - disagreement on compensation

REDG

When installing a very expensive light in my new kitchen, the electrician damaged the outside (coated in copper leaf) with significant scratches in the delicate copper leaf. It's not unusable, but it was very expensive, and the damage is obvious, particularly when lit.

He acknowledges the damage.

However we are in disagreement on how he compensate for this.

I want him to reduce his bill by the amount that the light cost. End of story.

He wants to 'buy' the damaged light from me for the amount that it would cost me to buy a new one, which is now (annoyingly!) on sale.

I don't see why he should benefit and get a discount light, even if it is damaged, as a result of his carelessness.

Do I have to agree to this approach to compensation for the damage? Just wondering what the legalities are before I push back.

mattyprice4004

Why should he pay you more than the replacement value of the lamp?
What you paid is irrelevant.

If I was him and you were being as you are, I’d purchase a new lamp at the sale price and fit it.
You then have a new lamp, and no reason to reduce the bill.

Just take his offer, you’re effectively getting the lamp for free.

Gavin83

Surely if what you get is a new light with no damage and no further cost to yourself that's a reasonable situation for you? He's offering to replace the light, I fail to see why you have an issue with this. You say he's benefiting from this but he's not, he's bought a light he doesn't really want while with your solution you are benefiting massively, getting a (in your words) very expensive light for free.

I think you are being totally unreasonable to be honest.

Out of curiousity if he did just reduce the bill by the value of the light would you purchase a new light with this money?

unholyangel

The above posters are correct.

When a breach of contract happens, you're entitled to be put back into the position (as near as money can achieve it anyway) you would have been in had the breach not happened. That would be with a working undamaged light that you had paid £x for.

You have a duty to take reasonable steps to reduce your loss where possible and not take unreasonable steps to increase them. There is no entitlement to betterment.

If he buys a replacement at sale price and fits it, you then are in the exact position you would have been in had he not damaged the light..

If he pays you the amount you paid, that is a betterment - as you now didn't pay £x for the light and have received it completely free.

He's actually being very reasonable about it. A lot of tradesmen might not have been so forthcoming.

gardner1

Gavin83 wrote: »

Surely if what you get is a new light with no damage and no further cost to yourself that's a reasonable situation for you? He's offering to replace the light, I fail to see why you have an issue with this. You say he's benefiting from this but he's not, he's bought a light he doesn't really want while with your solution you are benefiting massively, getting a (in your words) very expensive light for free.

I think you are being totally unreasonable to be honest.

Out of curiousity if he did just reduce the bill by the value of the light would you purchase a new light with this money?

I think we all know the answer to that question

photome

I agree with all other posters, unless we are misunderstanding what you (OP ) has posted

tykesi

photome wrote: »

I agree with all other posters, unless we are misunderstanding what you (OP ) has posted

I doubt it. Sounds like the usual asking for help to use 'rights' to justify greed.

peachyprice

Have you contacted the shop or manufacturer to see if you can get a replacement for the scratched part? That would be fairest, if he paid for that.

What wouldn't be fair is if he reimbursed you for the cost of the entire light which you then get to keep. After all, if it's scratched so badly why would you want to keep it?

Anoneemoose

I agree with everyone else. And I don't see why he shouldn't get to keep the damaged one either..after all he is paying for it. Unless I have misunderstood.

What if it was damaged before you bought it? You wouldn't expect the store to replace it AND let you keep the damaged one.