Trader put a nail into my underfloor heating

[ukmercenary]

Hello

So I hired a local trader to install 3 doors into my house. One of them was in the bathroom I also asked him to install the side panel to my bath.

He fitted the doors ok (apart from they seem to be sticking now so maybe they expanded? )
However he managed to drill a hole into my underfloor electric heating.

He started off being very helpful and responsive and has twice tried to pop around to fix the damage.

He said he would buy a repair kit from WarmUp however it has been a week and I have not heard from him.

I am sure sole traders are very busy however it was his fault for nailing into my underfloor heating.

Surely if he does not have a limited company he is personally liable?
What would you do.

Cheers
Paul

 

[freddiemercurystwin]

Did he ask what pipework might be about? And did you tell him there was underfloor heating? Better off posting in the trade section BTW.

 

[ukmercenary]

Did he ask what pipework might be about? And did you tell him there was underfloor heating? Better off posting in the trade section BTW.

He didn't ask and no I didn't I will do thanks

 

[Bosswhite]

He didn't ask and no I didn't I will do thanks

He was not to know you had underfloor heating, you should have warned him .

 

[Nozzle]

Is there even such a thing as a repair kit for electric UFH? Your only proper course of action is to replace the whole lot and present him with a bill or chase through the courts with it.. for which he has liability insurance. You really would have saved a whole bunch of hassle by telling the tradesman not to drill through the floor, knowing full-well there are cables under there. It's only fair to split the bill really.

Nozzle

 

[Bosswhite]

Cannot see how the Tradesman is to blame, under Section 3 (1) HSA 1974, The Employer should have told the Tradesman doing the Job about the Underfloor cabling. The tradesman could have been electrocuted if the system was on .

 

[Iamchamps]

Cannot see how the Tradesman is to blame, under Section 3 (1) HSA 1974, The Employer should have told the Tradesman doing the Job about the Underfloor cabling. The tradesman could have been electrocuted if the system was on .

Surely the tradesmen should done a risk assement and used a detector before drilling? As you should before drilling any hole regardless.

 

[Bosswhite]

It is still the responsibility of the Employer to inform any worker if they are aware there may be a hazard .

 

[Iamchamps]

It is still the responsibility of the Employer to inform any worker if they are aware there may be a hazard .

Would love to see that arguement in a small claims court. Employer just says he did not know it was there, tradesmen would be asked why did he not check before drilling. Only loser would be the tradesmen.

 

[motorbiking]

The OP isn’t an employer or anything close to one. A claim exists if the OP can prove the tradesman was negligent.

Was it reasonably foreseeable that there was a risk of holing the pipe/wire given the circumstances? Bit more detail needed but - probably.

 

[Bosswhite]

Anyone that hires someone to do work for them for reward , in theory is classed as an Employer and is liable under HSA Regulations and is responsible for ensuring that the worker is competent to carry out the task and has the right tools and equipment and has full knowledge of what the job entails.

The OP admits he did not inform the Tradesman that there was underfloor heating system in place.

 

[motorbiking]

Your're misinformed @Bosswhite - its specifically covered by The supply of goods and services legislation:
The Supply of Goods & Services Act 1982
https://www.legislation.gov.uk/ukpga/1982/29

You aren't hiring anyone as an employee, you are hiring their services, even if they charge by the hour. an agreement to do some work for someone, isn't a contract of employment.
see : https://www.gov.uk/employment-contracts-and-conditions

 

[Notch7]

You can get a repair kit for underfloor heating......

http://www.theunderfloorheatingstor...ng/accessories/prowarm-trade-cable-repair-kit

 

[mattylad]

You can get a repair kit for underfloor heating......

http://www.theunderfloorheatingstor...ng/accessories/prowarm-trade-cable-repair-kit

This is the most useful reply here!
Get it repaired, do it properly (not using a terminal block and tape!).