Liability for faulty kitchen worktops

[Handyman]

I sub-contracted a local guy to fit a kitchen worktops for a customer. In fact, we fitted the worktops together.

Customer now finds one of the worktops has a depression in its surface (it's a glossy black marble effect worktop - the worst kind to show any blemishes) and wants it replaced. (I'm damned if me or the subby saw this when we looked it over before fitting. I've yet to go and look again myself).

The claimed faulty worktop is fixed to another top which has a sink fitted in it, so I suppose that must all be refitted. Will the supplier replace both tops, I wonder, when only one of them is (or may be) faulty?

So, who's fault is it, and who has to pay for the re-fitting labour?
Me? My sub-contractor? The supplier? (Howdens, in this case). The customer? My liability insurers?

 

[Tom.]

Whoever the customer paid is at fault. Its that person whom the customer has a contract with. Its up to you once you've paid for the repairs to pursue any money.

If the fitter bought the goods himself, then he would be obliged to fix it. It sounds like you bought the worktop and contracted him to fit it, so long as the installation is technically sound, then you should pursue the supplier?

 

[big-all]

i dont know the answer
who supplied the worktops you or the customer!!!
you could suggest if they supplyed you bore half the cost each as a gesture of good will [towards ]for labour costs

if its your job complete as you know you are supposed to check materials before instilation
try and explain to howdens your prediciment and ask if they will [a]supply replacement tops and[ b] go halfers
i dont think your insurance will be liable because its for neglegence
another point check for obviose damage caused to the worktop ive never known defects beneath the top laminate layer to cause damage to the top but i may have been lucky

when in the kitchen check the surrounding area for equipment that may have caused the dammage
again i dont know the answer these are onlymy suggestions based on my experiance good luck

 

[breezer]

why dont you pay for it?
your reputation could depend on it.

while you debate who is to pay what, the customer is not very happy, if you change it asap, they may recomend you as being a good old boy

 

[fitter]

If you supplied them, it's down to you.

You really have to go over gloss worktops looking for defects, if you did and did not find any, can you be sure the customer has not caused the damage.

Unless you are a big spender at Howdens, I doubt they will do anything and would proberly say that you should have found the damage before fitting.

If the customer supplied them, I think the best you can do is, the customer pays for new ones and you fit at reduced cost.

Good luck.

 

[Lousy Painter]

Tom's dead right Handyman.

You are directly liable to the customer under contract law and he may pursue a claim directly against you in contract.

This doesn't preclude the customer from pursuing a claim in tort against the supplier, however his best course of action would always be to attempt to seek remedy under contract law because this would put him in the position that the contract had intended. That means you would be required to make good the damage and pay any additional awards for damages that a court might make, all depending obviously as to whether his claim is successful.

As far as hiring a sub-contractor is concerned, you are not exhonerated from any contractual obligations between yourself and any other parties to the contract, consequently you are still responsible to the customer.

It would be unwise for yourself to attempt to pursue a claim against your 'hired help' IMHO as you might find it difficult to find others who are willing to sub-contract for you in the future-it's a small world we live in and word gets around quite quickly these days.

One final thought - as somebody else asked why you don't just replace the worktop and put it down to good customer relations, I would ask the same thing? One mark of a good service-provider and businessman is his ability to consider his obligations as well as his rights.

 

[Handyman]

Thanks for all your answers on this one. In fact, I'd already accepted the fact that it was down to me. I'm going to pay the fitter for refitting the new worktop which has been replaced by Howdens FOC and without question. Customer is quite happy, and I have learnt a lesson.

 

[mildmanneredjanitor]

I'm glad it was all sorted and all parties happy. I found this quite interesting and have had experience of similar situations whilst employed (big boat company).

I was responsible for PDI'ng (Pre-Delivery-Inspection) new boats and could spot blemishes/damage a mile off. It was amazing how many customers with new boats would complain about damage to their new boats after they had filled them up with all their gear.

This was all valuable experience for me though! I am now self employed and make sure the customer is happy (with a fine tooth comb) before leaving site, which prevents any misunderstandings!

I also take lots of pictures with a digital camera for my portfolio (when I remember) which may also give piece of mind.

Anyhoo, glad it all panned out.