Plumber has broken my boiler

ad1927

Good evening.

Background.  Our Combi Boiler isn't producing hot water.  Plumber took a look and said it sounds like the diverter valve.  He came, confirmed, and ordered a reconditioned diverter valve.

Arrived today to fix it.  Valve fitted but, when he put water into the boiler, it shot everywhere.  

Cleaned it up, at which point he spotted the Circuit Board was wet.  

This is when he suggests that I may now need a new boiler because of the leak.  I told him I can't afford a new boiler and, besides, the boiler was working fine except for the faulty diverter valve - as per his analysis.

He then suggests that I contact my house insurance and claim on that.  I said this is not possible.  Why?, he asked.  I said because the leak happened after work he'd done.

"You can just tell them that the leak happened, it's not lying really".  Oh, really?  So on top of a broken boiler, I am expected to break the law?

I asked him if he can claim on his insurance.  He said he is insured up to £1m, but is probably (huh?) not covered for a boiler leak.  "Anyway", he said "I'll fit the boiler for FREE.  I'll tell the insurers the quote is £2000, and you can pocket the extra £500".

At this point, I left him to it and told him to salvage what he can and let's talk later.

When I came back, he claimed the new diverter valve was faulty.  This looked possible because the inner workings had shifted inwards.  Did it happen when he pressurised the boiler?  Was it a faulty part.

Anyway, despite his protestations that he'd write a letter (LETTER) to the supplier to try to get an answer, I insisted that we call his supplier.  The part was bought from a well known auction site - the supplier based in Newcastle answered the call and have promised to send a replacement valve AND fix the Circuit Board and send them in the post on the same day they arrive (likely to be tomorrow).

However, I now have nagging doubts and am thinking of the worse case scenario which is....

If he cannot fix the boiler, what can I do to

1)  Get a boiler PDQ
2)  Get him/his insurance to pay for it

I know I cannot claim on my insurance as, let's face it, none of this is my fault nor my insurer's.  

My main issues are

1)  I really cannot afford a new boiler.
2)  My family are freezing here, and I have to fix this asap.

In the worse case scenario, can I buy a new boiler and then take my plumber to the small claims courts?  Or, is it simply one of those things where I am, again, faced with a bill after less than exemplary work carried out by a qualified tradesman?

silvercar

Whose decision to go for a reconditioned diverter valve rather than a new one? 

Who is liable if the reconditioned diverter valve was faulty? Should the gas engineer have tested it before fitting it?

ad1927

silvercar said:

Whose decision to go for a reconditioned diverter valve rather than a new one? 

Who is liable if the reconditioned diverter valve was faulty? Should the gas engineer have tested it before fitting it?

Completely his decision.  Should he have tested it - I would say yes, but I must admit I am speaking with hindsight.

But, in these situations, I bow to their superior knowledge.

ad1927

Oh, Gas Engineer.  Not plumber.

ThisIsWeird

Hi ad.
You clearly have an unprincipled plumber. When things go right, he's probably fine. When they go wrong - as now - his true calibre is exposed.
Reconditioned parts are fine, provided they come from a reputable company, and there's every chance this company is; I have occasionally used recon parts myself, obtained from an eBay company with very good feedback, to perfect effect. This company also seems principled enough to provide a replacement PCB due to - presumably - their part causing the water leak.
The Q is - was the recon part faulty? What do you mean by the 'inner workings had shifted inwards'? Tbh, it doesn't matter - your plumber should sort all this regardless.
So, what should happen?! It might help to examine what we know;
1) You are not responsible for any of this.
2) We don't know if the plumber was responsible for the leak, or whether it was the part that was faulty - but that's not for you to worry about. Your plumber needs to sort it, and at no extra cost to you. (I have replaced a number of similar parts myself, and it's surprisingly easy to slip in the pipe-securing clip without having first pushed the pipe fully in - and an astonishing jet of water is usually the result. Been there - got wet.)
3) You don't really 'test' such parts before fitting - there's no practical way of doing this - tho' they probably warrant a quick look-over to see if all looks as it should - and then a gentle turning-on of the water. But, if it's gonna blow, it's gonna blow - that's just bad luck. 
4) The supplier is providing the two replacement parts - good on them; at least they are doing the right thing...
5) Once these two parts are fitted, your boiler should be fine. You then pay the plumber the original agreed figure for the diverter valve repair.
6) Your plumber will be 'out of pocket' to the tune of some extra labour, but that's tough - he needs to take that on the chin. It would be the same if he'd fitted a faulty new part. (Or fitted an ok part incorrectly.)
7) Your plumber should either claim off his own insurance, or take it on the chin. He should act like a 'pro', and not start suggesting dodgy and effectively criminal alternatives to his customer.
So, I would explain that while it's certainly unfortunate that the leak occured, he is getting the replacement parts, and you'd like them fitted. Once done, you'll pay him the original quote for the original job. If he does this without fuss, you have the option of tipping him a few extra quid for his trouble.
If he argues over the cost - tries to add extra labour, for instance - you ask him what would have happened if he'd have fitted a brand new diverter that leaked? Presumably he'd be replacing both parts as he should now.
It would be interesting to know from the supplier whether there was a fault with their supplied valve.

ad1927

Thanks "This is Weird", a really helpful reply and has helped a lot.