Contractor Damage Items in property.

ScottCooper

Good Morning,

Hoping for some advice before I say/do something stupid.

We found a flooring company on Facebook, and after reviewing their page and their reviews contacted them and arranged for a company to fit new flooring for us - this would be a 3-day process due to the flooring requiring leveling first. We accepted the quote £2900.00 ~(we have an invoice for £2800.00 as when they arrived they agreed to icnrease the area they were going to work on) and paid £100.00 via credit card. We initially discussed that due to the work I would need to relocate my home-office upstairs for the duration.

On Day one - I arranged to go into the office and the contractors laid the self-leveling/latex floor.

Day 2  - they smoothed out the bumps and during a conversation I asked how it was going as working in my daughters room was a little cramped the "fore-man" (bosses son) said it was going well and they would start in the front room laying the floor so that the following day I could work from the front room instead.

Day 3 - they arrive I have set up in the front room, but again check its ok to carry on - they agree but point out that might need me to move a little later, which was fine by me. Towards the end of day 3 the entire floor has been laid, and they now want to run a mop and solution over the floor to pick up any excess glue, I ask if they need me topack everything up and they say that I don't need to as they can work around the equipment. My wife and I leve the room to give them space and after a few moments hear a crash.

We return to the room and find that the table I was using has collapsed at one end and my laptop (which was providesd by my place of work) is smashed. They appologise, which I accept as its one fo those things, thinking we'll be able to resolve this once we know the true cost of the damage.

On the day of the accident I phone the company to speak to the boxx/managr just to let them know whats going on, incase its not been reported abck and we agree to discuss it further once I know whats going on with the laptop. Fast forward to yesterday where I am told by my company's ICT team that the laptop is repairable at a cost of £494.00 - I pass the invoice to the flooring company who claim after speakign to their "solicitors" don't feel that they are entirely to blame and would only pay half.

Their reasons for this are:

* On the initial discussion it was agreed I would relocate to another room.
* My wife mentioned the table had collapsed previously (true, but only because I didn't extend the leg properly - since then we double check the legs to prevent this)

The desk was a pop-up picnic table where the legs pull out and a saftey ring is slide over the joint to prevent it bending until removed - we have since tested the desk multiple times and the only way the desk could collapse is if the metal ring is knock upthe supporting strut with enough force to also bend the strut back towards its stowed position. Despite our attempts to recreate the accident its been impossible to get the same result so we're happy its as a million to one unlucky moment and nothing deliberate.

My thoughts are that as they are offeringto apy half that they must accept some level of responsibility, while I agreed to work elsewhere for the 3 days, the conversations with the people on site would overrule that agreement as they would be best palced to determine if it was safe to do so, and that they declined my offer of removing the equipment (5 minute process) therefore taking responsibility for thier actions and anything that occurs as a result.

Additionally there was damage to a custom made tv unit that we have not made them aware of as I was able to arrange a repair that wasn't too costly or time consuming.

Hoping for some advice, and "legal-eagle" quotes/terminology etc. that I can use in my response to them - equally if conversation doesn't provide the results we are looking for would section 75/chargeback be a possible route of resolution?

Thank you in advance.

the_lunatic_is_in_my_head

Not sure this is a consumer rights answer but I'd be leaning towards accepting their offer.

Really the rooms should have been completely empty from start to finish (and equally they should have insisted upon this) but if the damaged was caused by a guy mopping it would probably be 50/50 between the table wasn't 100% and the guy mopping was extremely careless which I think you'll struggle to show either way. 

You have S75 cover as well so can have a chat with your bank. 

Manxman_in_exile

Sorry if I'm missing something, but what losses have you incurred that you want to claim for?

I would say that the damage to the laptop isn't your problem - your employer should be claiming for that on their insurance - it's their property and their* loss not yours.  I presume that since the vast majority of people who use laptops have been working from home for 18 months that any sensible employer would have such equipment covered while it was off their premises.  If your employer doesn't want to claim off their insurance I suppose they could claim directly from your flooring contractor, but that's up to them, and I'm not sure I'd want to get involved with that if I were you.

You say there was some damage to a TV unit but you got that repaired at minimal cost?  Are you wanting to claim for the table too?  I'm not sure exactly what damage has been incurred apart from to the laptop?


*Of course you might have something in your contract about you being liable for your employer's property while in your home.  Personally I think that is wrong and unfair, and if I'd ever been in that position I wouldn't have any work property in my home.  With so many people currently working from home, employers should ensure that their property is covered whilst in employee's homes.  But if your employer is adamant that the laptop was your responsibility, I think I'd accept your contractor's 50% offer.  They could argue that you were at fault for leaving it unattended in the room and not removing it.

Don't know about the s75 situation.  Again, the laptop doesn't belong to you so it isn't your loss to claim for.  But I might well be wrong.

mattyprice4004

I also think 50% is fair - they were likely allowing you to work in the room to try and be accommodating, but it probably made life a lot more difficult for them. 
If you insist on being in their way rather than leaving them with a bare room to work with, I'm not sure you can assign all liability to them. 

mattyprice4004

I also think 50% is fair - they were likely allowing you to work in the room to try and be accommodating, but it probably made life a lot more difficult for them. 
If you insist on being in their way rather than leaving them with a bare room to work with, I'm not sure you can assign all liability to them. 

ScottCooper

Thank you all for your replies.

The company I work for (public sector) does have insurance but doesn't have accidental damages. I believe there is a clause in my contract regarding the safekeeping of company property (I am going to check) but don't want to push things too far as to potentially risk my employment.

I didn't insist on being in their way but actually the opposite and they declined the opportunity - but I do understand the point.

Thank you all once again!

pinkshoes

On the basis that:

1. you should have stayed out the way until the job was finished as agreed with them initially and 
2. it was not the best choice of table to put expensive equipment on given it had previously collapsed,

Then I think it is a little unfair for the flooring company to have to pay.

Are you saying they slid the safety ring of the table up so it would deliberately collapse??

Contact your employer about insurance to get the computer repaired as although the company might have been a little clumsy in their mopping, you certainly shouldn't have expensive work equipment on a table that can so easily collapse. It feels a little like one of those Beadle's About sketches where he deliberately sets something up to smash! 

sheramber

Will your employer be happy for a third  party to access your work computer to repair it?

Manxman_in_exile

sheramber said:

Will your employer be happy for a third  party to access your work computer to repair it?

I don't think that has been suggested - unless you are now suggesting it?  I'm sure their public sector employer would have a fit at the very suggestion!

In any case - I'm wondering if it's already been repaired otherwise I can't see how  the quote can be a s precise as £494

Manxman_in_exile

ScottCooper - so you work in the public sector.  Are you in a union?  If yes, ask them about you being liable for damage to your employer's property.

In my view (and this is only a personal view - not a legal view) attempting to impose such liability on an employee is unfair - especially in respect of laptops which are portable by nature and also at a time when so many public sector workers are being required by their employers to work from home.  I think the kit should be at the employer's own risk.  Whether they choose to purchase appropriate insurance cover or whether they decide to self-insure is a business decision for them.  If they haven't accidental damage cover, they should fund it themselves.

Having said that, I'm aware there may be a moral hazard argument here, and that if employees were not responsible for damage to employer's kit, then they may not be inclined to look after it properly... which quite possibly happened here... 

If you are not in a union - or if you are and they can't advise you - then 50/50 is probably a reasonable outcome if you accept that you were responsible for its safekeeping while in your possession.

How have your IT people come up with such a precise bill for the repair as £494?  Did this happen some time ago and they've had a chance to examine the damage, or has it already been fixed?

(I used to work in the NHS and my wife works for a local authority and is currently working from home.  If a laptop belonging to either of our employers had been accidentally damaged at home - eg falling off a table - I'd expect the employer to cover it, whether by insurance or directly.  I wouldn't expect either of us to have to pay for it).

gener8or

I think its a generous offer from the flooring company.
If its just a damaged panel can you get hold of a new screen and do it yourself or locally?
500 is expensive to repair.
Did you check if the laptop has accidental damage cover service purchased with the laptop?
Also check the new cost of that model.