Who is liable

[Contractorproblems123]

Hi

Hope someone can give me some perspective.

DH was subcontracted to fit a floor for a customer. Whilst there the customer said they needed their door planing. DH said he didn’t do that nor has the tools. Door needed planing to shut and customer says they’ll get son to do it. Son doesn’t appear so DH says he can have a go and tries to saw it but it splits at the bottom.
DH feels bad and says I’ll get you a new door. Customer texts next day to say he’ll need to pay for fitting, delivery and tub of paint as she had painted the original (years ago and had said she was redoing them now with new skirting but not the point)
Now just wanting to check if others think he is liable before going through insurance.
He states I don’t do this, don’t have the tools, but feels customer is giving the vibe of can you just not do it, so does it, customer knows he doesn’t do it and would attempt without correct tools….are they not somewhat liable?

Will pay obviously if completely liable, wouldn’t even have doubts if there was any issue with the job he was there to do, but This wasn’t, would t have been paid for it if he’d been able to, just trying to do a favour.

I think what makes it conflicting is something Somali happened in our renovations and we foot the cost as the tradesman said you’d need xxx tools to do it really but can try with my xxx, cocked it up and we replaced as we have go ahead

Cheers xx

Honestly? DH should have left it alone.

He didn't have the tools or the competence to do the job, he KNEW he didn't, and the customer took that into account and said they would get their son to do it.

It doesn't sound like they begged/instructed/insisted he do it anyway, or said he would be paid extra to do it, basically there wasn't any of the usual customer/service provider relationship framework. Instead our have-a-go hero had a go, and fucked it up.

As someone without the proper tools or skills would predictably do. Vibes be damned. He needs to stick to what he’s paid (and reasonably competent) to do.

Should add husband has a habit of trying to help customers and does all sorts of things extra but this is the 1st time in 17years of having any complaints whatsoever let alone claiming on public liability

I'd say he's liable. But for his intervention, the door wouldn't have split. No matter the vibe from the customer, if he didn't have the tools or the training to do the job, he shouldn't have touched it.

He should make it clear on any job that he fits floors and doesn't adjust doors.

@YerWanIsGettinNotions

Honestly? DH should have left it alone.

He didn't have the tools or the competence to do the job, he KNEW he didn't, and the customer took that into account and said they would get their son to do it.

It doesn't sound like they begged/instructed/insisted he do it anyway, or said he would be paid extra to do it, basically there wasn't any of the usual customer/service provider relationship framework. Instead our have-a-go hero had a go, and fucked it up.

As someone without the proper tools or skills would predictably do. Vibes be damned. He needs to stick to what he’s paid (and reasonably competent) to do.

I know!! Wish he would, does it all the time. Sometimes doesn’t even charge for jobs just materials because he feels bad to charge! Lesson learnt

Your DH should only work within his capabilities.
Fair enough to try things out at home but he shouldn’t have attempted a job he can’t do in a customers home regardless of the vibes she was giving off.

What is the cost of the door? As it is outside of his skill set, I would expect an insurance claim to fail.

He is liable, however the client cannot expect betterment, only a like for like replacement (fitted).

Thank everyone

Probably £100 then fitting.

I think I’m just feeing bad for him that customer knowingly said yes do it, quite frankly knowing there was risk, but worth it because it was free and done there and then and then relinquishing all responsibility. If he had offered to do it without warning her or done it without her permission but it was neither.

Lesson learnt.

I doubt insurance will cover it and a claim would probably mean his premiums increase

@Movingonup22

I doubt insurance will cover it and a claim would probably mean his premiums increase

No I don’t imagine it will either, not worth the increase

Whilst I’m here guys can we ask a joiner we know to hang the door as he’ll probably do
us a good rate or can the customer insist on someone else do you know?

Yes I reckon he can tell the customer that he'll arrange for it to be fitted by someone reliable (and appropriately skilled!) who's done this loads of times - they'll probably be relieved not to have to arrange it themselves and risk finding someone else who might not work out.

I'm a bit confused as to how sawing a door causes it to split at the bottom unless the door is otherwise damaged? Did he just cut it wrong? What kind of saw was he using?

@CatherinedeBourgh

I'm a bit confused as to how sawing a door causes it to split at the bottom unless the door is otherwise damaged? Did he just cut it wrong? What kind of saw was he using?

Oh blimey not the foggiest….me neither. The way he describes it it’s as if once he started sawing the wood ahead of where he was sawing came away as though the pressure/impact/movement of the saw made it come away and split

I think it’s just bad luck to be honest, my husband has often planed our doors and it’s been fine. I don’t think it’s a particularly tricky job….. ( no disrespect to your husband, as I said, could just be bad luck and it would have happened whoever did it).

Whether he should pay - I don’t know. If I was the homeowner, I certainly wouldn’t be asking him to pay if I had asked him to do it.

@YerWanIsGettinNotions

Yes I reckon he can tell the customer that he'll arrange for it to be fitted by someone reliable (and appropriately skilled!) who's done this loads of times - they'll probably be relieved not to have to arrange it themselves and risk finding someone else who might not work out.

Great! thanks for replying