Damage caused to property by subcontractor

le318

Good Morning,

A few months ago I had some new windows fitted; during the installation process a brick fell on my toilet and smashed the lid of the cistern. The installer took the broken part away and we arranged a time for him to come back and fix it; however on the day a plumber turned up and replaced the entire cistern. A few weeks later a section of my neighbour's ceiling fell down as the cistern had been leaking (I had not previously noticed as the water had been dripping down a small gap in the floor).

Repairs are being completed by our buildings insurance company and as the leak has come from my property I am liable for the excess. The insurance policy is paid for out of the leaseholders service charge so any increase in premium resulting from this claim will affect them as well as me. Ideally the plumber's insurance would cover this but the window fitters haven't been able to get hold of him (installer who contacted him no longer works for the company and is not responding to their texts/phone calls). They have offered a sum towards the excess as a gesture of goodwill (they haven't said how much). I would prefer that all expenses be covered by the window fitters insurance company but they have stated that aren't liable for the damage as they weren't aware that a third party was being sent out to complete the work. Are they correct?

Thanks in advance for your advice.

Brie

who sent the plumber out if it wasn't the window installers?  I can't see how the plumber's insurance would be liable for anything as unless you are saying that he made a mistake in the installation of the cistern.  Is it possible that the leak was from the first accident which puts you back to the window people.

Frankly I think that is someone is offering to cover the excess then you're doing quite well.

le318

Brie said:

who sent the plumber out if it wasn't the window installers?  I can't see how the plumber's insurance would be liable for anything as unless you are saying that he made a mistake in the installation of the cistern.  Is it possible that the leak was from the first accident which puts you back to the window people.

Frankly I think that is someone is offering to cover the excess then you're doing quite well.

Brie said:

who sent the plumber out if it wasn't the window installers?  I can't see how the plumber's insurance would be liable for anything as unless you are saying that he made a mistake in the installation of the cistern.  Is it possible that the leak was from the first accident which puts you back to the window people.

Frankly I think that is someone is offering to cover the excess then you're doing quite well.

Hi, thanks for your reply. It was the window installers who sent out the plumber. The damage was caused by the cistern- the plumber I had come out to fix the leak confirmed that a component had been installed incorrectly

Brie

Should be their insurance paying for the whole thing I believe.  Have you told your insurance company who was responsible?

eddddy

le318 said:

Repairs are being completed by our buildings insurance company and as the leak has come from my property I am liable for the excess. 

Just to clarify - does your lease say that the excess must be paid by the owner of the property where the leak came from?

A few modern leases say that, but the majority of leases don't say that.

(And sometimes people 'make-up' statements like that, to try to make somebody else pay their excess.)

rigolith

The plumber is liable. Unless your lease says you must pay, you shouldn't pay anything. And even if it does, you would have a claim against the plumber.

The difficulty is tracking him down, but if it's not your liability then it's not your job to find him either.

le318

eddddy said:

le318 said:

Repairs are being completed by our buildings insurance company and as the leak has come from my property I am liable for the excess. 

Just to clarify - does your lease say that the excess must be paid by the owner of the property where the leak came from?

A few modern leases say that, but the majority of leases don't say that.

(And sometimes people 'make-up' statements like that, to try to make somebody else pay their excess.)

Good shout, I'll check. Thank you