Plumber caused damage and small claims court

lionmonkey

Hi all  

I’ve had some laminate flooring ruined from a water leak after some plumbing work. The plumber initially denied responsibility, but after I’d mentioned the small claims court and showed him a quote to repair the damage - he wanted to replace the floor himself. 

I rejected this offer outright as he isn’t a professional floor fitter (plumbing is questionable) and I don’t want to be in the same situation in a few years time, when it’s buckled through improper fitting.

He now said that he’s got a mate who could do the job. I’m loathed to accept this either, as the I know and trust the work of the person I’ve had a quote from. 

Where do I stand if I reject this and carry on down the small claims route? 

Thanks

Cheslea2010

Plumber is offering a fair solution although you are in your rights to ask for a floor fitter by trade. Let him do the job and if it isn't up to snuff you can still go down the court route. I am assuming they aren't asking for you to pay for anything so you don't have anything to lose. Make it clear to the plumber that your contract is with him and if the flooring isn't as good as before you will still proceed with court. He will want to make sure it's right or he will end up paying twice.

ButterCheese

Cheslea2010 said:

Plumber is offering a fair solution although you are in your rights to ask for a floor fitter by trade. Let him do the job and if it isn't up to snuff you can still go down the court route. I am assuming they aren't asking for you to pay for anything so you don't have anything to lose. Make it clear to the plumber that your contract is with him and if the flooring isn't as good as before you will still proceed with court. He will want to make sure it's right or he will end up paying twice.

This exactly.  You don't know that the work will not be sufficient, you have to give him chance to put it right.  Insisting on a pro trade floor fitter is unlikely to be considered reasonable.  You can take photos, video (with their permission) as they go and document the whole thing if you want, but again that depends on your relationship with the plumber and how they feel about being watched.  At the very least, take a picture of each step (preparation, underlay, final cover etc)

MyRealNameToo

lionmonkey said:
I’ve had some laminate flooring ruined from a water leak after some plumbing work. The plumber initially denied responsibility, but after I’d mentioned the small claims court and showed him a quote to repair the damage - he wanted to replace the floor himself. 

I rejected this offer outright as he isn’t a professional floor fitter (plumbing is questionable) and I don’t want to be in the same situation in a few years time, when it’s buckled through improper fitting.

He now said that he’s got a mate who could do the job. I’m loathed to accept this either, as the I know and trust the work of the person I’ve had a quote from. 

Where do I stand if I reject this and carry on down the small claims route? 

How long had the floor been down before the leak?
Who fitted the floor originally?
Where's the replacement boards coming from? Are these spares you kept from the original fitting or?

Court is intended to be the last resort and parties are expected to be reasonable in trying to resolve matters beforehand. Legally you have an obligation to take reasonable steps to mitigate your losses but increasingly courts are being more lenient on this (an interesting case a couple of years ago where an insurer was appointing its sister firm to oversee claims and charging 10% fee for doing so; the at fault drivers insurers contested the markup stating they weren't mitigating their losses but the judge said it was acceptable and mitigating losses doesnt mean you have to take the cheapest option)

Personally I would probably at least show willing and agree to meet the person and do the normal checks you would on a trades person to ensure they a competent before appointing them.

lionmonkey

He’s now decided he wants me to claim off his insurance and they will contact me directly! Not sure if I’m being given the run around or not… time will tell. 

lionmonkey

lionmonkey said:

He’s now decided he wants me to claim off his insurance and they will contact me directly! Not sure if I’m being given the run around or not… time will tell. 

Is it up to me to claim - or should I go through my insurance… I don’t really want to loose my no claims. 

Boohoo

lionmonkey said:

lionmonkey said:

He’s now decided he wants me to claim off his insurance and they will contact me directly! Not sure if I’m being given the run around or not… time will tell. 

Is it up to me to claim - or should I go through my insurance… I don’t really want to loose my no claims. 

If you claim off his insurance will they not contact your insurance company?

As for no claims discount is there not a question on the renewal or new insurance about claims or damage in the past 5 years or something like that. You would have to declare this incident wouldn't you?

I know you do with car insurance even if you haven't made a claim.