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Withholding payment while dispute is resolved

4 replies

DachsandPup · 13/03/2015 20:53

We live in a semi and we just bought the house next door. Eventual plan is to knock through into one house. The other house had rotten roof lining that came up on the survey which needed replacing as a matter of priority. Included in the quote we got was replacing the roof lining on the other side of the house, taking the moss off our roof as well as next door and cleaning out the gutters of both houses.

The roofers started on Monday and started jet washing moss off the roof. When they started our side of the house we noticed water gushing into out daughter's bedroom and discovered that they had been jet washing with a powerful washer upwards under the tiles and created a hole in our roof lining, hence the water.

We told them to stop as soon as we saw the water and left her room to dry out.

They knew the roof lining was totally rotten and non-existent on the other side of the house as they were being paid to replace it. However, I learned today that they did the jet washing on that side of the house before they replaced the lining and water had soaked into the ceilings of all the bedrooms on that side of the house. They did not inform us of this but clearly knew about this because they had moved some of the furniture that had been left in those rooms and removed a light fitting as a result of the water ingress. The rooms now smell of damp and the plasterboard is falling off the ceilings.

In addition to this, they have put a foot through the ceiling of one of the other rooms and are not proposing to do anything except trim a piece of plasterboard and stick it up where they have created the hole using some tape, because 'well, love, you'll be getting the ceilings reskimmed at some point anyway'.

Where do we stand on withholding payment until we've got a quote from someone else for putting fresh plasterboard up and reskimming the ceilings and then withholding that cost from their payment?

OP posts:
beeslovehoney · 13/03/2015 20:59

I think you should completely sack their incompetent arses immediately, take photos of damage and document all conversations etc.

Tell them when you have had it all put right that you will calculate a final amount to pay them.

DachsandPup · 13/03/2015 21:13

I have photos and records of conversation and feel very much like doing the above, which is why i'm asking if it's ok to withhold any payment! I suspect the replasterboarding and reskimming will cost a fair amount but i don't know because i have not have much building work done before so if we end up saying we aren't paying them X% of the original quote as a result of the extra cost we have incurred i want to know if they have a case for suing us. I don't want to do anything where we are legally in the wrong.

OP posts:
beautifulgirls · 13/03/2015 21:48

I would contact your home insurance company and see if you have legal cover. They should be able to point you in the right direction from there.

Collaborate · 13/03/2015 23:33

You're fully entitled to withhold payment for the cost of remedying damage they've caused. you're under a duty to mitigate your loss, so get 3 quotes if possible for the works that need to be done.

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