Issue with Shower Tray - Is builder culpable?

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We had some major reno's done last year, one of which was a complete bathroom refurb.

I am convinced there is an issue with how they installed the timber frame for the shower tray, as ever since it was installed one part of the tray sinks down when you step on it - like this one bit is hollow underneath. This had caused the tray to sink down at this point, which is now causing a crack on the edge of this area. I have mentioned it to the builder who has claimed it's a manufacturers fault. He said that his men "would have installed it to the manufacturers instructions". He is blaming movement of the house.

However, it turns out when installed the tray they should have put mortar underneath the tray. The builder admitted they didn't do this but used a timber frame and his builder has been building these for 15 years etc etc.

My question is - if they have admitted that mortar wasn't installed underneath the tray after having said to me that they would have followed the instructions, does that automatically make them culpable? I just want the issue fixed as it's only going to get worse.

For info - the shower tray is really heavy and very good quality - so thats not the issue.

Thanks all!

Is it a low profile shower tray? Very unusual to bed a shower tray on mortar.....

Yeah it's a low bed shower tray. The instructions specifically said to lay the tray on mortar. In fact the only reason I know this, is the builder asked me to speak to the manufacturer. They responded with "Was the tray installed on Mortar? And how thick was it?"
When I sent him this text he said they only installed it on a timber frame. And then said they would repair it.

As in, they would repair the crack. But not fix the issue with the frame, which is where the problem lies.

That's what I want to confirm before I email him back. I don't want to claim that they are culpable, when I don't know for sure they are.

It sounds as though this particulae model of tray is unusual in installation method and I wouldn't expect a builder to read a leaflet for something he has been doing for 15 years.

Was he good and do you want to use him in the future? It's really hard to get tradesmen these days.

If yes, suck it up, buy another, ask him to install it on mortar.

If no, get the manufacturer to email you the installation leaflet and ask builder to cover the cost of repurchase and installation.

You may still have a fight on your hands because how was he to know? Seems like he had little reason to read the instructions.

It’s pretty normal to bed shower trays on mortar for exactly this reason. Timber framed ones are more prone to leaking

We'll when I first explained the issue, the first thing he said to me was "I'm sure they did it to manufacturers instructions". So he does seem to believe that they should have read them!

Was that after you told him it should have been done on mortar?

@KievLoverTwo no, this was the very first thing he said to me when I reported the issue. It's when I went away to speak to the manufacturer (at his request), that the manufacturer asked if it's been laid on mortar, as per the instructions.

He then just said they installed it on timber as they always do, and tried to shirk responsibility.

Okay, going back to whether you will want to use him again. Remember getting good tradesmen is currently horrific and probably will be for years.

Base what you want to do about it on that.

@KievLoverTwo thank you!! I hope our relationship doesn't break down over this. It really doesn't need to I don't think, but it's a risk I'll have to take.

Perhaps you can avoid that by agreeing to meet him halfway on costs as it is an unusual installation method and I wouldn’t have expected his men to read the leaflet. Ask him if he can get it trade price to keep costs down.

@KievLoverTwo yes I'm going to offer to get the tray.
And thank you everyone else for your help. As long as I know that they are technically culpable then I know where to start 🙂

The builder should have read the manufacturer’s instructions. Weak mortar mix is standard for low profile shower trays.

It can’t be repaired, it needs replacing and this time they should install it on mortar like they should have done to start with.

<<<<I wouldn't expect a builder to read a leaflet for something he has been doing for 15 years.>>>
I * well would.
One old boss I had said the only thing he'd fire someone on the spot for was using a glue (or similar) without reading the instructions first. I tend to take his view on people who don't read instructions. Instructions can change, even from the same manufacturer. Individual products can be exceptions. Paints and glues, for instance, can change in formulation and therefore need different solvents for cleaning up.
One of my rules for anyone working for me was that no paint tin could be opened unless the solvent for it had been checked by reading the instructions, brought from the solvent cupboard, and put next to the tin. Otherwise, some idiot opens a can, spills it, or wants to wash their brush or roller out, and then comes to me bleating that we're out of the solvent, which back then could have been anything from white spirit to meths to toluene......

Would you describe someone who doesn't install something propery as per the instructions as a 'good' tradesman? I wouldn't.
It's fine if the OP doesn't want to quarrel and decides to suck up the cost of the tray, but they shouldn't have to.

No, but she didn't say he had done a terrible job of the rest of it.

That's a brilliant method. Do you think others are like you?