Contractor fitted a faulty water pump - who is liable for damage caused?

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  • EssexLL
    replied
    Thanks all for your responses. Another development relating to this: The contractor who fitted the faulty pump (let's call him contractor A) originally visited the property to look at the pump and reported no fault with it. He then recommended a plumber (contractor B) to visit to investigate further the cause of the flood, which I agreed too.

    It was contractor B who identified issues with the pump after all, so contractor A was sent back again to eventually replace said pump.

    I have now been charged for contractor B's call out. Clearly he needs to be paid, but had contractor A done his job properly in the first place there would have been no need for a second call out. Given that he failed to identify the fault with the pump AND recommended contractor B visit, is there a case to seek compensation from contractor A to cover the cost of this unnecessary call out? Admittedly it's not a huge sum on its own, but along with the repairs, this is all adding up.

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  • jpkeates
    replied
    There's a chain of liability based on who supplied what to who.
    OP<-Managing agent<-contractor<-whoever sold them the pump<-pump manufacturer.

    Unless anyone in that chain knew the pump was faulty, the damage to the floor is unlikely to be covered by the liability.
    Assuming the defect wasn't obvious, no one could have reasonably foreseen that the pump was faulty, and therefore the damage wasn't reasonably foreseeable either.


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  • DPT57
    replied
    Originally posted by royw View Post
    I think the agent is correct and the contractor isn't liable. Any warrenty on the pump will be to replace or repare the pump only not on any damage it caused. Not sure what you mean by a threshold but as long as it won't look like a dog's dinner I'd go with that. In the current climate you may be short of rent soon.
    I would have thought that if the contractor bought the pump themselves then they have responsibility for the whole job.

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  • royw
    replied
    I think the agent is correct and the contractor isn't liable. Any warrenty on the pump will be to replace or repare the pump only not on any damage it caused. Not sure what you mean by a threshold but as long as it won't look like a dog's dinner I'd go with that. In the current climate you may be short of rent soon.

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  • Section20z
    replied
    £136 ??? Or £100 pre tax ? Suck it up and save hours of aggro and your insurance premium going up. Your excess will be way more than that anyway.....

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  • JK0
    replied
    Contact your insurers, and let them deal with it IIWY.

    BTW, the threshold they mention sounds like the idle b&ggars just intend to put more flooring down on top of what is there at the moment. I would not let them do the work for that reason alone.

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  • Contractor fitted a faulty water pump - who is liable for damage caused?

    Hi there,

    I rent out a 2 bed flat through a managing agent. Last August, a faulty electric hot water pump was replaced by their contractor.

    At the end of February, I was informed by the managing agent that there was a flood in the flat. The agents arranged for the same contractor to replace the hot water pump free of charge as that had been the cause of the flood.

    However, the flood has caused some damage to the laminate floor boards. Luckily it doesn't seem too extensive. However I asked for the agent to arrange a quote to repair the damage and they have told me it would be £136 to remove the damaged floor board and install a threshold.

    I have requested to the managing agent that the contractor (or his insurance) cover the cost of the repair, since he supplied the pump which caused the flood. They responded that since it was the pump and not his installation which caused the flood, that the contractor is not liable for the cost of repair.

    I do not think this is correct, however I would appreciate some advice before taking things further.

    I have not received an invoice or receipt from the contractor from the original pump installation. It simply appears as a deduction on my statement from the managing agent. ("supply and installation of hot water pump")

    My main question is who is liable? The contractor, the pump manufacturer, the managing agents, or me?

    My secondary query is, that since the suggested "repair" will leave a threshold where there was none before, is it reasonable to request that the cost of the replacement of entire flooring is covered? This is likely to be thousands of pounds.

    Many thanks in advance!

    EssexLL

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