Property Damage During Fibre Broadband Installation

harlequin55

During March of this year Open Reach installed fibre broadband. During the process they managed to cut through the mains gas supply on the property side of the gas meter. Southern Gas were called in to safe guard the supply. Both organisations said that they were unable to organise or carry out a repair and advised that it was my responsibility to arrange this. Open Reach provided details of who I could approach to recover the cost of the repair. To cut a long story short I have been  reimbursed for the direct cost of the repair but I have got nowhere in my attempts to seek compensation for the disruption caused and for the number of days when I was unable to heat my property. I would add that both my partner and I are pensioners so being without heating was an uncomfortable situation. I have been passed backwards and forwards between Open Reach and the organisation who deals with claims on their behalf. I have written to the MD at Open Reach directly with no response. I also approached BT, who had directed Open Reach to do the work, again without response. I have also forwarded details of the matter to a Consumer Champion at a national newspaper, again with no response. I am wondering now where to go next. Has anyone any advice on where next to take this matter?

LightFlare

I recall when we had our fibre installed - the engineer was very clear that whilst he could advise where the “best” place to drill through was that ultimately it was my responsibility should anything untoward happen as he could not 100% guarantee the absence of any hidden pipes or wires etc.

I think you have done well to get the repair paid for. (Unless the pipe he drilled through was blatantly visible to the naked eye)

sheramber

You are entitled to your losses.

Did you use another kind of heating when your gas was off?  if you did you could claim for that but compensation would be a goodwill gesture and not a right.

harlequin55

I should have added that the Open Reach “engineers” had a detection device and knew the pipe location - didn’t stop them cutting through it! 

As for alternative heating, all we had was a fan heater. Hardly sufficient for a 4 bedroom house!

Grumpy_chap

harlequin55 said:

During March of this year Open Reach installed fibre broadband. During the process they managed to cut through the mains gas supply on the property side of the gas meter. Southern Gas were called in to safe guard the supply. Both organisations said that they were unable to organise or carry out a repair and advised that it was my responsibility to arrange this. Open Reach provided details of who I could approach to recover the cost of the repair. To cut a long story short I have been  reimbursed for the direct cost of the repair but I have got nowhere in my attempts to seek compensation for the disruption caused and for the number of days when I was unable to heat my property. I would add that both my partner and I are pensioners so being without heating was an uncomfortable situation. I have been passed backwards and forwards between Open Reach and the organisation who deals with claims on their behalf. I have written to the MD at Open Reach directly with no response. I also approached BT, who had directed Open Reach to do the work, again without response. I have also forwarded details of the matter to a Consumer Champion at a national newspaper, again with no response. I am wondering now where to go next. Has anyone any advice on where next to take this matter?

harlequin55 said:

I should have added that the Open Reach “engineers” had a detection device and knew the pipe location - didn’t stop them cutting through it! 

As for alternative heating, all we had was a fan heater. Hardly sufficient for a 4 bedroom house!

It is a far from ideal situation.
It it fortunate that, in cutting through the gas pipe, the house did not blow up.  That would have been a lot worse.

Compensation is to remedy your losses.
You have been reimbursed for your losses in so far as the pipe has been fixed.

Had you purchased additional electric heaters, then you may be able to argue that these were genuine expenses incurred because of the incident and sought to claim those.  You did not purchase additional electric heaters so that is rather moot.

So, the compensation has been addressed.
There is nothing for inconvenience and discomfort.  I am, though, surprised in this situation that BTOR did not make any kind of goodwill payment.  You cannot force them to show goodwill.

What outcome would you like?

Okell

LightFlare said:

I recall when we had our fibre installed - the engineer was very clear that whilst he could advise where the “best” place to drill through was that ultimately it was my responsibility should anything untoward happen as he could not 100% guarantee the absence of any hidden pipes or wires etc.

I think you have done well to get the repair paid for. (Unless the pipe he drilled through was blatantly visible to the naked eye)

And did you believe him?

The engineer is required under s49 of the Consumer Rights Act 2015 (legislation.gov.uk) to perform the service with reasonable care and skill.  I'd suggest that a professional Openreach engineer cutting through any domestic pipes or wires (let alone a gas main) would be prima facie evidence that they had not exercised the reasonable care and skill of a professional engineer employed to carry out such installations in consumer's homes.

Apart from a breach of contract under the terms implied by the CRA also negligence.

Aylesbury_Duck

How much are you after?

caprikid1

How long were you without supply for ?

Okell

@harlequin55 -  as per @sheramber you are entitled to cover any losses you suffered as a result of Openreach's breach of contract and negligence.

This would include (1) the costs of having the gas main repaired (plus any associated costs such as re-decoration etc) and (2) any additional costs you incurred which resulted from the damage to the gas main.

So, if - for example - you normally rely on gas for central heating, but you had to use electric fan heaters because of the gas main breach, and you can show that this cost you more than using gas would have done, you can claim for the difference.  But you would need to demonstrate this by comparing gas and electricity usage for the period in question against the same period in a previous year.

bris

Compensation is not a consumer right, its a goodwill gesture.

A consumer right is compensation for losses suffered.

Its all down to the companies involved and whether they want to or not.

35har1old

harlequin55 said:

During March of this year Open Reach installed fibre broadband. During the process they managed to cut through the mains gas supply on the property side of the gas meter. Southern Gas were called in to safe guard the supply. Both organisations said that they were unable to organise or carry out a repair and advised that it was my responsibility to arrange this. Open Reach provided details of who I could approach to recover the cost of the repair. To cut a long story short I have been  reimbursed for the direct cost of the repair but I have got nowhere in my attempts to seek compensation for the disruption caused and for the number of days when I was unable to heat my property. I would add that both my partner and I are pensioners so being without heating was an uncomfortable situation. I have been passed backwards and forwards between Open Reach and the organisation who deals with claims on their behalf. I have written to the MD at Open Reach directly with no response. I also approached BT, who had directed Open Reach to do the work, again without response. I have also forwarded details of the matter to a Consumer Champion at a national newspaper, again with no response. I am wondering now where to go next. Has anyone any advice on where next to take this matter?

If it was Openreach that
the damaged the pipe it was down to them to arrange the repair and any reinstatement you should not have to do anything at all