Is this fair

loufrance

I’m looking for some advice on the following.

I mentioned to a work colleague that my garden was in need of a tidy.
She recommended her brother who is a Gardner for a living.

He came out to our house and quoted us £80 to do ur front and back gardens.

He did a fantastic job and we were really pleased, but we noticed our patio window had been chipped and the glass was sharttered, a full 6ft window.

We brought this up with him, and he asked if we could claim on our insurance.
We are tenants and we don’t have buildings insurance, our landlords Insurance only covers criminal damage.

We’ve had some quotes to fix this and cheapest we have found is £160.

The Gardner said he would give us the extra £80 but he’s srtuggling financially and wouldn’t be able to pay us in full so asked if we could come to an arrangement.

My husband and I both feel really bad about the whole thing, we understand it was an accident.
As a way to help him out, we have said we to will pay for the cost of the window, and the next time our garden needs doing, he will come back and do it without pay(which will be £80 and covers the additional £80 he was going to pay us)
We trust he will do this and his sister is my colleague so I don’t don’t he will stick to his word.

We feel this is a fair deal, but I can’t help feeling bad that he’s now lost a days pay due to this.
At the same time we will be £160 down as we have to pay for the window.

I just wanted know others opinions on this.

I’ve read a lot of posts about Gardner’s not being responsible for damage but our window wasn’t broken before he did the garden and you can see clearly the stone impact.

Niv

Surely this is what HE should have insurance for? I wouldn't feel bad, i think you have come to a reasonable solution - assuming it was definitely him that broke the window - you do not suggest that he denies it so assume he did.

loufrance

He didn’t have insurance, not sure why.
And yes. I actually have a before and after picture of the garden and you can just about see the window in the before shot and make out it wasn’t broken on the before picture.
He didn’t deny it. He just said he hadn’t realised he’d done it.

Doozergirl

Sometimes stones flick up from lawnmowers or strimmers and can hit windows. These things happen, they're not for apportioning blame, in my opinion.

I think everyone is being fair. £80 isn't much to pay someone for a good job.

I've had the same cleaner for four years and just occasionally things get broken. My view is that accidents happen and that if were doing the cleaning I'd probably also break something sometimes.

For the sake of what could be a beneficial relationship with someone who is good at what they do and reasonably priced, I think you have a good solution.

Davesnave

loufrance wrote: »

I’m looking for some advice on the following.

I mentioned to a work colleague that my garden was in need of a tidy.
She recommended her brother who is a Gardner for a living.

If he is a professional gardener, he should act professionally and have third party insurance in place. Maybe he has, but doesn't wish to claim for this damage in case it affects his renewal premium.

It's very easy to send a stone hurtling into glass doors/windows, either with a mower or a strimmer. Having done it myself despite taking particular care, I know it's the sort of thing that just goes with the territory from time to time. He should be prepared for it.

Who told you a gardener wouldn't be responsible for damage when performing a service?. He entered into a contract with you, so he's supposed to perform the task with reasonable care and skill, including sorting out any problems he creates.

I think you have been very fair.


EDIT: While I was typing, you confirmed he didn't have insurance. Not a position I'd like to be in myself, given that much larger claims than this are possible.

that

For me it would depend various factors : how big my garden is? If the job was very cheap for the size, a cash in hand job? Was the job was well done? Do I want the chap back? Did he do it on purpose? It is a company or substantial business that should have known better? Depending on the answers, I would probably swallow the cost the first time.

If I was the chap I'd be wondering "If I water the flowers, and later the house subsides, will they want a new house?"

If you want professionalism, are you in the future willing to pay extra to be covered?

loufrance

No one has specifically told me he’s not responsible, just a few different things I’ve read online. There seems to be a debate about it Gardner’s are actually responsible for damage.

phil_b_2

If he isn't charging for this job or the next then you are at break-even by replacing the window.

It could, and probably is, a very simple honest mistake. It happens. I bet he feels !!!! about it too. It sounds like you are being good and reasonable with him which is to your credit.

Gardeners like this don't tend to make a particularly great living and I can't imagine it is unusual that one wouldn't have the expense of insurance on their side. Perhaps after this incident he will get it. Even then though, for £160 would he even claim on it??

I'd do the same as you and request he compensates for the damage in labor alone.

elsien

When my gardener broke a window in a similar way when mowing the lawn he paid up without question. There was no debate about whether he was responsible or not.

Your gardener should have liability insurance if nothing else - silly of him not to.