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

 

[undistilled]

Hello Paul, why did you not give him the plan showing where you had had the underfloor heating mat laid? Surely you showed him the pics of the mat which you had taken before it was covered over to preempt such eventualities?

 

[Doggit]

How did he manage to drill into the underfloor mat, and did you advise him that it was there before he started work. As a sole trader, he's personally liable, but you need to ascertain hsi status before you can proceed much further. How did you pay him, and did you receive an invoice from him. And of course, does he have public liability insurance. You'll need to send him a letter setting out the facts of the situation, and asking hi how he intends to resolve the matter.

Can the mat be repaired, what would be the cost of replacing it, and have you contacted Warmup for some advice as to a repair.

 

[undistilled]

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

Well, rather looks like you were the negligent one in this case.

 

[Doggit]

Did the damage occur when he fitted the door, or when he fitted the bath panel, as it's more than likely that the mat would be under the bath panel, rather than by the door.

 

[Mw Roofline]

Looks like he's admitted fault and been round twice to try and sort it. He's said he's getting a repair kit, so maybe the repair kit is on order or he's got that much work on he's trying to do those jobs as he's got customers screaming at him. Ok it's been a week, drop him a friendly text or a phone call to remind him.
It doesn't matter if he's a sole trader, limited company or the queens butler, if he's broke it he will fix it either out his own money or through his insurance.

 

[motorbiking]

Its good to see that nobody has repeated the BS about him being your employee and therefore the buck stops with you. You have a claim if it might have been reasonably foreseeable that there was a risk of damage as a result of the nail. If that is the case then its reasonable for him to take precautions to avoid it.

The value of the claim is the cost of repair - that looks like about £25 plus a bit of making good? Seems to me not to be worth the bother, if you trust him just negotiate a discounted rate for him to fix, such that he actually comes round to do the job.

Personally, I wouldn't consider legal action against anyone for less then £500 min. Most traders don't carry negligence insurance, some probably don't even bother with public liability. So you have to consider as a human being, while he's made the mistake there is a very simple fix and finding a way for him to get on with it asap is the best option for both.

 

[Doggit]

I'm still waiting for the OP to bother telling us where the nail was put in the floor, because the mat shouldn't have been laid by the door, or was this nail/drill for the side panel. but even then the heating mat shouldn't have been laid there, so how could the installer be liable for putting in a nail/dril, in an area that the mat reasonable shouldn't be.

We need an update from the OP, and I wonder if on reflection, he realises that there might be a degree of fault on his part.

 

[motorbiking]

yep agree - reasonably foreseeable is the test - if its not reasonably foreseeable then the trader is unlikely to be negligent. He's not responsible for accidental damage. Thats why the OP has insurance.

 

[Bosswhite]

yep agree - reasonably foreseeable is the test - if its not reasonably foreseeable then the trader is unlikely to be negligent. He's not responsible for accidental damage. Thats why the OP has insurance.

So you have changed your opinion, the workman was not negligent !

 

[motorbiking]

I used the word "if". I don't have an opinion as to if the trader was negligent, there simply isn't enough information. I stated the primary requirement for there to be a claim for negligence, the others being duty of care, proximity, damage etc. People sometimes get confused that if someone accidentally damages something they are obliged to pay for it. Thats not always the case. If you are mowing your lawn and a stone flicks up and cracks the window of a passing car, unless your lawn is full of stones and you could reasonably foresee the risk, it would be just an accident.

 

[manchestergas]

You let a trades person drill into your floor that has underfloor heating? You are accusing the guy of being at fault? Next you will be claiming the underfloor heating installer encouraged you to have people round drilling holes in the floor.

I'd be fuming as the joiner.