Damages by builders - can they deny liability through Terms and Conditions

Jamieg85

Thanks to all that have commented so far.  I admit there's a list of things that I could and should have done better and have learnt lessons for the future, but that's not the question.  I wasn't made aware of the T&Cs until after the job was complete and we were discussing the damages. They didn't even tell me about the damages when it happened - I noticed it myself later on.

At no point ahead of the work did they say that I needed to clear everything. I'd cleared as much as I could and put what remained to one side, on the belief that they would be completing one area before moving onto the next, giving ME space to move them as they went, but that's not how it transpired.

I can't see how it's possible for someone to drop something and damage it, then deny all responsibility.  Surely if they move something, whether agreed/paid for or not, there is a duty of care over those items (regardless of value)

Bendy_House

Leans over garden fence - "Hey, mate! Could you give us a hand with shifting this mirror, please? Ta muchly."

***crash***

"You owe me for that mirror, pal..."

Jamie, please tell us how much the damaged item(s) cost.

And are you otherwise happy with their work?

Section62

Jamieg85 said:

At no point ahead of the work did they say that I needed to clear everything. I'd cleared as much as I could and put what remained to one side, on the belief that they would be completing one area before moving onto the next, giving ME space to move them as they went, but that's not how it transpired.

Belief is a dangerous thing when you are having people working on your home.  Stuff like this has to be discussed and agreed.

Repeating the point I made yesterday, you said "Although the builders weren't happy about it, they did move the stuff as a when they needed to."

When and how did you become aware the builders weren't happy?  Didn't that lead to a discussion about their expectations of having working space and for you to do the moving?

The claim you are hoping to make would appear to rely on you not being aware of the T&Cs.  However, if there were discussions about their requirements during the work then your knowledge of the T&Cs is largely irrelevant (IMV).

twopenny

You second explanation makes it clearer about why you feel the way you do.
I had someone putting in a chimney liner and knocked all the 1920s tiles off the fireplace. The first I knew was finding them in a bucket after they had gone. I was twice as furious because they had said nothing. If there was an appology and offer to put them back up I would have been upset but accepted an accident.
I would have hoped that'see terms and conditions would be put at the bottom of the quote but on the other hand you could have asked if there was anything they needed you to do before arrival.
But workmen expect you to know because it's normal for them. Anyone doing anything in my place I remove any items from the area, pictures, nicknacks whatever. Those I can't have to take their chances.