Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

How do I get the information I need!

5 replies

Hadleybeans · 24/02/2020 20:23

Hello all - can anyone help. I’m going mad!

I had two pumps put into my house as part of a waterproofing system. The whole system was subcontracted to a specialist company (A). The builders doing up my house were instructed By me (the architect) to do the preparation Building works as specified by A, which included electrics (So they were employed directly by me to do this, not by the waterproofing company)..

The pumps were installed by A and the system Was signed off by A.

I’ve just had the pumps serviced by the manufacturer and it turns out that the wiring to the mains is incorrect (the two pumps should be on different circuits but they’re on one). This is the job of the Builder, who was responsible for putting in the circuits. As it has been incorrectly installed and I’ve been told to correct.

A says
-they told the builder what to do and it is his fault for doing the work incorrectly.

  • it’s not their responsibility as they are not responsible for the work done in preparation (even though they specify it).

The builder says that

  1. as he wasn’t given proper instructions
  2. as the job was signed By A
A is liable.

Neither side is willing to give me the instructions they sent or the instructions they received on wiring the pump - and now they’re not answering my calls.

How can I establish liability? I’d go to a small claims court but which one do I take?

OP posts:
prh47bridge · 24/02/2020 21:33

Take them both and let the judge decide which one is liable.

Hadleybeans · 24/02/2020 22:24

prh47bridge

But does that mean I go to the small claims court for both of them - two separate cases -, and then do I pay costs with the one I loose?

I feel like I'm in a thicket

OP posts:
prh47bridge · 25/02/2020 00:48

You make a single claim with them named as joint defendants.

MooseBeTimeForSummer · 25/02/2020 01:21

You also need to get an estimate from someone else to get it fixed. Present it to both of them and give them a short timescale to rectify or you’ll take them to small claims for the cost of the repair (as that’s your “loss”.

Also find out their registered addresses.

Hadleybeans · 27/02/2020 18:07

Thank you so much both of you - that's so useful.

OP posts:
New posts on this thread. Refresh page