Contractor/Supplier liability

[Legalhelpifpossibleplease]

Hi, we are builders and used a company to supply and install some bi-fold doors for our customer. They were fitted 5 years ago and our customer has an issue with draughts. Having failed to get responses to my messages to the supplier, we have heard that they are going/have gone bust so any guarantee is null and void.

We have managed to contact their former engineer who kindly offered to see what the problem is (at our cost). He is unable to identify an issue but the customer is insistent there is a problem. Are we liable for any remedial costs moving forward or who needs to sort it? Many thanks in advance.

The big question is whether the doors or workmanship were faulty at the time they were installed. If they were, you are liable. If, however, the doors and workmanship were of satisfactory quality, you are not liable. As it has been more than 6 months since the doors were supplied and fitted, it is up to the customer to show that the problem is due to failings in the door and installation. If it is normal wear and tear or, say, caused by misuse or the building settling, you are not liable. You may, of course, want to help as a goodwill gesture, but that is up to you.

Many thanks for your reply. Apologies, I have reread my post. The customer only noticed a draught last winter as they moved into that room from another. The doors are high end and installation good (as confirmed by the engineer yesterday).

Who would be liable in this case?

Just to add, we would like to help but concerned it may cost a lot to investigate further as it could possibly be other factors unconnected to the doors.

If on the face of it the doors were fitted properly, and are of good quality, on the face of it the customer needs to prove the actual cause of the problem. If investigations will cost money then you either have to reach an agreement with them that they will pay for those investigations if it's not the fault of your fitters or the goods you supplied, or back out now and see what they do.

Agree with Collaborate.

The information you've added makes no difference to my previous post. The fact they didn't notice the draught until they moved into the room last winter is their problem, not yours.

Where is the draught coming from if the installation is good?
If the doors are OK and installation is good, it sounds like it’s not your issue - it must be elsewhere.

Did the people that fitted the doors actually make them or did they order and fit them? If they are just glazers then you may be able to contact the manufacturers of the doors as they likely provided a 10 yr guarantee.

We had patio doors installed and if anything happens with them I know I have a guarantee from the glazer that ordered and fitted them rather than our builder so I wouldn't expect our builder to go to extra expense fixing any issue as that part really wasn't much to do with them.

Hi thanks for your help.
The company who have gone awol supplied and fitted the doors didn't make them. I will contact the manufacturer again as they originally said their contract is with their customer not the end user (i.e us/our customer)

The engineer kindly sealed between the tiled floor and doors but yesterday he had a message to say the draught was very noticeable with the high wind. None of us were in the area to go over straight away but will get over there.

Could be a general insulation problem in that room but we will see....