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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Or should the contractor make good the problem they caused? Am I too late for Small Claims Court?

3 replies

HurdyGurdy19 · 05/03/2024 19:32

In December 2017 our kitchen ceiling ended up on our kitchen floor. It was discovered that there had been a leak in the bathroom. We contacted our insurance company who engaged a contractor to remedy the issue. This included a new kitchen ceiling, and completely ripping our bathroom out (right back to breezeblock) and the installation of a new toilet/sink vanity unit and a walk in shower. I think this was completed in February 2018.

Two years ago, we started hearing some very loud vibrations when we used the shower, which got worse as time went on, and also started happening when we flushed the toilet or used the taps downstairs.

Long story short (and £1,200 spent on unsuccessful plumbers) it has now been found that the control panel for the shower has been installed upside down and water/condensation has been accumulating in the bottom, causing the "something I can't remember the name of" to seize up. If it had been installed correctly, there would be no issue, as water doesn't drip upwards.

We contacted the contractor, who initially said that "it sounds like we are at fault and could do something", but then changed their mind and said it was too late. They said we should have raised the issue with them at the time (despite us only knowing about it four years after it had been installed) or that we should claim under the warranty. Given that the control panel has been installed directly against the manufacturer's instruction (we found a copy of the instructions online), that would have voided the warranty anyway.

We contacted our current insurers who unsurprisingly won't accept a claim as they don't cover poor workmanship.

Am I unreasonable in expecting the original contractor who installed the unit incorrectly to accept liability, even if it is six years later, and remedy the problem at their expense?

If they should accept liability, but won't, am I too late to take th.me to the small claims court? I am £1,500 out of pocket over this, what with plumber's fees and spare parts that didn't work. And now facing having to find the money for a new bathroom.

OP posts:
PickledPurplePickle · 06/03/2024 06:42

What does the original insurance company say? They paid for the work so I think you need to go back to them

chocolateisavegetable · 06/03/2024 07:18

I would call Trading Standards. We found them very helpful.

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