Is Plumber at Fault?

[bengasman]

It's easy, with 20/0 hindsight, to see how this happened.

Presuming of course that the one-sided view we have here is both 100% complete and 100% accurate.

 

[expertgasman]

Then there is the matter that the plumber did not get 3 chances to remedy the fault, which is a legal requirement.[/quote]

Ben, I've never heard that before? Why do you think that is the case?

 

[bengasman]

Not sure if that is based on actual statutory instrument or only precedent. I am sure though, that there are countless cases where the court found the tradesman had to be allowed to rectify, and that the claimant could not simply choose another one and then expect the first tradesman to pay the bill.

 

[Agile]

- the drain-clearers, for not recognising WHERE the blockage was, and therefore what could have happened (assuming they were told that the bath had just been fitted). Instead of suggesting EXTRA chargeable 'services', they should have got on and removed the blockage! If you've got a bath that empties and a WC, connected immediately above it, that doesn't, you're foolish to ignore clear evidence of WHERE it is blocked. They should then have disconnected the bath waste and the cause would have been obvious.

Good, at least John agrees with me that they failed in excercising due care and attention by not identifying the cause of the blockage and recommending what to do to prevent it.

There is no statement from the OP that CCTV was offered!

If your doctor gave you pain relief tablets but failed to diagnose that you had kidney stones then you would not be best pleased with him.

 

[alumni]

I employed a plumber to fit a new bath tub, he did so and cut the old bath tub pip and connected the new one.

A few days later and the toilet blocked up, it had never done before but plumber could not clear block so called drains people, they cleared it but 4days later it was blocked again, so they cleared it and put a camera down the pipe.

It turns out the fitter had pushed the pipe into the main waste pipe so it was right accross the main flow causing the blockage.


Read more: //www.diynot.com/forums/viewtopic.php?t=283918&start=0#ixzz1TbWa75wi[/QUOTE]

Seems the plumber dd have a go at fixing it. But who called the drains people and who agreed to it?

 

[0wen]

Just to clarify, the bathroom fitter had completed fitting the tiles and grouting when I came home from work, he was still in the flat packing his tools when I flushed the toilet and it was blocked. I asked him if anything had gone down the toilet to cause the blockage as it had never blocked in the 5years I had lived there or if he knew if his work had caused it. He said no and suggested I try something called One shot and he left.

I went to B&Q and purchased some one shot and a plunger, I tried plunging it and then put one shot down but neither worked, I called back the fitter and said it was still blocked he said his friend was a plumber and would call me to arrange to take a look.

I waitied a day and he did not call so I called out a £60 no fix no fee drains guy who tried to clear it using metal wire on a drill and a plunger but after about 20min said he would not be able to clear it so to get in some drains people.

I called back the bathroom fitter and said I had not heard from his friend the plumber. He called me and I explained what had been done so far and he suggested I call a drains company he had used before. So I called them and they came and cleard the blockage the first time, a week later it blocked agains so they came back this time using cctv to investigate (It had not been offered to me the first time) this was when they found the bath pipe was the issue.

The bathroom fitter did not himself make any attemt to identify if his work had caused the issue, I have one toilet in the house so it needed resloving quickly. His friend who he recomended come take a look was the one who recomended I use the drains company.

 

[expertgasman]

Just to clarify, the bathroom fitter had completed fitting the tiles and grouting when

the fitter and said it was still blocked he said his friend was a plumber and would call me to arrange to take a look.

Just to clarify, are you saying the BATHROOM FITTER fitted the WC, or had he got his PLUMBER FREIND to do it?

It does seem odd that no one (except the OP) connected the new work to the new problem

 

[cajar]

Just to clarify, the bathroom fitter had completed fitting the tiles and grouting when

the fitter and said it was still blocked he said his friend was a plumber and would call me to arrange to take a look.

Just to clarify, are you saying the BATHROOM FITTER fitted the WC, or had he got his PLUMBER FREIND to do it?

It does seem odd that no one (except the OP) connected the new work to the new problem

The Bathroom fitter was asked to fit a new bathtub; he did not touch the WC. Problem arose from him inserting the bathtub waste pipe too far into the soil stack blocking the bore.

 

[cajar]

It matters not the slightest bit who you "know" is responsible; all that counts is what you can prove.

If the plumber were to claim that he warned the customer that the existing bit did not look like the waste was done properly in the first place ( which is a very credible claim these days ) you'd have a bloody hard job convincing the magistrate otherwise.

Then there is the matter that the plumber did not get 3 chances to remedy the fault, which is a legal requirement.

There is no such requirement as far as I'm aware. The most you would be expected to do is offer the tradesman a "reasonable opportunity" to rectify the problem. Other factors come into play here also such as only having one toilet in the house and needing it fixed quickly. It could be suggested that a fitter acting with due care should have checked the operation of the WC after working on the soil pipe.

Also, I think you have a slightly inaccurate understanding of the different types of court system. A civil court case is decided by a judge on the balance of probability - ie what is most likely to be true after cross examining the defendant and claimant. Proof 'beyond reasonable doubt' is for criminal cases. It is perfectly feasible that the OP could submit a claim to small claims court for a £30, turn up, tell his version of events, and if the judge believes he is being truthful and accurate then the plumber could be ordered to pay compensation.

 

[cajar]

double post

 

[Nige F]

I I called out a £60 no fix no fee drains guy who tried to clear it using metal wire on a drill and a plunger but after about 20min said he would not be able to clear it so to get in some drains people.

I.

So another well intentioned guy lost out on £60 All because , unlike the rest of the EU - good old little britain allows anyone to play around @ being a tradesman - without any qualifications -

 

[HERTS P&D]

I I called out a £60 no fix no fee drains guy who tried to clear it using metal wire on a drill and a plunger but after about 20min said he would not be able to clear it so to get in some drains people.

I.

So another well intentioned guy lost out on £60 All because , unlike the rest of the EU - good old little britain allows anyone to play around @ being a tradesman - without any qualifications -

Should of called me, I would of jetted it out at 3000PSI.

Andy

 

[expertgasman]

Just to clarify, the bathroom fitter had completed fitting the tiles and grouting when

the fitter and said it was still blocked he said his friend was a plumber and would call me to arrange to take a look.

Just to clarify, are you saying the BATHROOM FITTER fitted the WC, or had he got his PLUMBER FREIND to do it?

It does seem odd that no one (except the OP) connected the new work to the new problem

I'm sorry, you had made it perfectlly clear that the WC wassn't a new fit. I meant to clarify that the "bathroom fitter" had fitted the bath, rather than the "plumber friend" . Brain Fart.

 

[32rclint95]

It is the plumbers fault, and I believe that is obvious. Paying for it yourself would be foolish in my opinion. Point out to the plumber the damages his faulty work caused. If he will not pay for it, you have two options. First, you could take it to courts which will end up costing more money. Or you could write a few simple reviews on websites regarding the plumbing company and your experience, protecting potential customers from having similar issues. In my case, I would type in minneapolis plumbers and find the company. We had a situation in the past where the contractor left before the job was completely finished, took a long weekend and returned on Wednesday the next week to get it completed. Needless to say we were less than thrilled and I would have finished it myself if it weren't for liability issues.

 

[Agile]

If thats the nice friendly people thay have in the USA then make sure you never do any work for them!