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Is the builder liable?

burtbot1
burtbot1 Posts: 44 Forumite
Third Anniversary 10 Posts
in House buying, renting & selling
Hey guys

Quick one - we had our downstairs toilet redone. 2 weeks later there was a huge leak, which has damaged some items in the property downstairs. The builder cam back to fix, and it was a faulty part (compression valve, or something..) and now it's all OK again.

The guys downstairs have had damage to stuff, and want to make a claim for carpets etc... Would the builder be liable - as in can we ask him to claim on his insurance? Or, because it was a faulty part, is it just one of those things??
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Comments

  • babyblade41
    babyblade41 Posts: 3,965 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I had a similar problem and the damage was claimed by the affected parties insurance but I think we were just lucky ..
  • burtbot1
    burtbot1 Posts: 44 Forumite
    Third Anniversary 10 Posts
    Great, thanks for your reply. Would you have attempted to claim through your builder if not? Or would you have agreed it wasn't his fault?
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Who supplied the items?
    Everything that is supposed to be in heaven is already here on earth.
  • burtbot1
    burtbot1 Posts: 44 Forumite
    Third Anniversary 10 Posts
    The builder bought the parts
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    You can claim on your house insurance, they may pursue a claim on the builders insurance for the losses.
  • burtbot1
    burtbot1 Posts: 44 Forumite
    Third Anniversary 10 Posts
    foxy-stoat wrote: »
    You can claim on your house insurance, they may pursue a claim on the builders insurance for the losses.

    Thanks Foxy

    It's not for our items though - it's for our neighbours below us, and it doesn't look like our insurance covers them.. I'll double check though as this would be the perfect solution!
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 December 2018 at 1:17PM
    burtbot1 wrote: »
    It's not for our items though - it's for our neighbours below us, and it doesn't look like our insurance covers them.. I'll double check though as this would be the perfect solution!
    Unless you (or your builder) were negligent then you're not liable (and therefore neither are your respective insurers) - it's the risk of being downstairs from somebody else's plumbing.
  • theartfullodger
    theartfullodger Posts: 15,779 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 December 2018 at 1:20PM
    How did you pay & what does invoice say?

    If cash, no receipt, price reduced, then own goal....
  • burtbot1
    burtbot1 Posts: 44 Forumite
    Third Anniversary 10 Posts
    theartfullodger wrote: »
    How did you pay & what does invoice say?



    If cash, price reduced, then own goal.... (and, IMHO, unpatriotic....)


    I paid him by bank transfer? Wasn't a reduced price. He's done loads of work for us in the past, and never had any issues with anything else. His aftercare is great too. So don't want to accuse him of doing anything wrong, as I still can't figure out if it's his fault or not!!

    Invoice doesn't really say anything.. just what he did, his address etc and an itemised list of costs.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    davidmcn wrote: »
    Unless you (or your builder) were negligent then you're not liable (and therefore neither are your respective insurers) - it's the risk of being downstairs from somebody else's plumbing.
    ^ This.

    Downstairs would claim from their own insurance, who could then pursue the claim against the plumber, if they so chose. But it would require demonstration (or admission) of negligence on his part - and simply having supplied components that fail quickly is not sufficient.

    He might have comprehensive public liability insurance which the neighbour could claim directly from.
This discussion has been closed.
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