Plumber Small Claims Court

[afuckinggoat]

In February 2021, I hired a plumber (known to me as husband of a now ex-colleague) to completely renovate our family bathroom and en-suite.
I have had a number of smaller issues with the plumbing in both bathrooms ever since the work was "completed" but fear that the latest issue might lead me to pursue a claim through small claims court.

There is very little water pressure upstairs, so the plumber fitted a new pump for the family bathroom's bath/shower. We still have no pressure or hot water in the sink taps and he claimed that we had to just live with it.

3 weeks ago, the pump stopped working. I contacted the plumber asking whether it was still under warranty. He said he would look into it, and came back to me saying that it was no longer under warranty. He said he would quote me for a replacement and fitting.

I called his bluff and rang the pump manufacturer. It turns out that although the pump IS actually under warranty, not only is the pump wrong, but that it has been fitted incorrectly too. The plumber now claims that the pumps are universal, however, the pump manufacturer has assured me that the flow rate is very clearly written on the box and he really should know that you need different types of pumps to do different jobs. The agent asked if this plumber was inexperienced as he has made so many mistakes (he is not inexperienced, just not good at his job).

I have said to the plumber that he needs to make good on the original contract: we have it in writing that he was supplying and fitting the pump. It appears separately in the quote. As he has not supplied the correct pump or fitted the pump properly, he needs to do this work FOC, as we have already paid for the work to be done.

It turns out that the new pump is rather more expensive than the very small, inadequate one that was fitted, but surely it is not my problem that he, a supposed expert, did not quote me enough for a correct pump in the first instance.

This man is atrocious with communication. He only picks up/replies to around 10% of my communication with him. I intend to give him another day to agree a plan of action with me, and another week to action the corrections.

AIBU to consider small claims court if he continues to avoid me and try to dodge fixing the issues?

AIBU to ask him to supply and fit FOC?

Do you think I have a case/does anyone have any experience with pursuing plumbers/tradespeople for inadequate and failed work?

WIBU to do a plumbing night course so I never have to interact with sketchy plumbers again?

I should probably add that the communication from him has been:

-3 weeks ago letting me know/lying to me about the warranty
-3 weeks ago telling me he could come over "soon" to quote for replacing and fitting
-2 weeks ago me chasing him to come over and look at the problem (which he ignored)
-last week me imploring him to come and help because I can't bathe my kids properly with no pressure to the bath. My eldest is sensitive to sound and hates the shower and my baby is too slippery when wet to hold under the shower. He ignored this message too.
-yesterday I finally got him to answer the phone and he agreed to come over. At this point, I'd already been in touch with the manufacturer and they'd confirmed it was the wrong pump
-last night he came over and I told him the pump was actually in warranty but the pump is wrong. He told me he thought the manufacturer was wrong.
-I've send him emails and info from the manufacturer today and called him 4 times over the course do the day. No answer and no reply.

You need a written report from the manufacturer stating that the plumber used the wrong pump and fitted it incorrectly and making it clear that a competent plumber would not have made these mistakes. Armed with that, you have a good case to take the plumber to small claims for the cost of obtaining and fitting a replacement pump.

Based on what you have said (ie incorrect installation of the an incorrect pump) you have a solid case for him to redo the work free of charge as it was not done to the standard of a reasonable plumber to start off with.

In terms of the costs associated with the fact the right pump for the job is more expensive, this is more difficult and will depend on the exact nature and wording of the quote. On the face of it you are likely to be responsible for the difference in cost between the two.

I am currently trying to obtain a 2021 pricelist for the correct pump. I would be satisfied to pay for the price difference between the two pumps, but for the 2021 price.