Builder Caused Issue with Kitchen Ceiling - Moral Dilemma

[Jazz1966]

Hi,

This has happened to one of my neighbours and I would appreciate your advice to share with her.
My neighbours was having a bathroom renovated by a builder.
While the builder was working on her upstairs bathroom, one of his workers managed to damage the kitchen ceiling, which was below the bathroom.
He tried to make good the repair but it looks awful as the repair does not match the original kitchen ceiling. His repair looks a mess - I have seen it.
The builder is refusing to claim for the ceiling on his insurance. The reason for this is that he has found out that my neighbour has planning permission for a kitchen extension. He is saying that the ceiling will eventually be replaced when the kitchen is extended and so he feels that he should not have to make a claim on his insurance. My neighbour is saying that he caused the damage and - even though eventually the kitchen will be extended - he should pay for the kitchen ceiling.
I can see both sides of this.
I was just wondering what other members of this forum thought about this scenario?

 

[noseall]

Hi,

This has happened to one of my neighbours and I would appreciate your advice to share with her.
My neighbours was having a bathroom renovated by a builder.
While the builder was working on her upstairs bathroom, one of his workers managed to damage the kitchen ceiling, which was below the bathroom.
He tried to make good the repair but it looks awful as the repair does not match the original kitchen ceiling. His repair looks a mess - I have seen it.
The builder is refusing to claim for the ceiling on his insurance. The reason for this is that he has found out that my neighbour has planning permission for a kitchen extension. He is saying that the ceiling will eventually be replaced when the kitchen is extended and so he feels that he should not have to make a claim on his insurance. My neighbour is saying that he caused the damage and - even though eventually the kitchen will be extended - he should pay for the kitchen ceiling.
I can see both sides of this.
I was just wondering what other members of this forum thought about this scenario?

During building work ceilings are sacrificial, especially when the upstairs is fully furnished and when during building work downstairs, the upstairs is usually rammed. I'm guessing the builder need only bide his time (delay).

 

[Harry Bloomfield]

My neighbour is saying that he caused the damage and - even though eventually the kitchen will be extended - he should pay for the kitchen ceiling.
I can see both sides of this.

Then the builder needs to repair the ceiling back to a good standard, or offer a suitable payment, in lieu of the repair - which your neighbour can put towards the cost of the extension, if it takes place.

 

[Knave of Hearts]

I think I'd see it from the builder's perspective, and an excellent chance for your neighbour to develop good relations with the builder.

Or, your neighbour's chance to steer clear of that builder in the future.

But legally your neighbour has a case.
If your neighbour claims on their own house insurance their house insurance will pursue the builder's insurance.
But is it a lot of money involved? It's not worth it for a few pounds.

 

[Si_]

It's not the builder's business what the home owner intends to do with their house. He caused damage so he either repairs it to the original standard or he pays. If he does neither, take him to court.

 

[noseall]

take him to court.

As I said, the builder only need delay.

The kitchen ceiling will become a horses arse when the extension kicks off and the damage there now, quickly forgotten.

 

[motorbiking]

Builder caused damage. Builder needs to make good the repairs, but note he only has to do this to a reasonable standard. The planning application is irrelevant.

There is no strategy of delay. You give him notice, you get a quote to make it good, if he fails to repair, you send a letter before action and if ignored, sue in the small claim /fast track court for the cost.

No point in involving insurance either.
Pretty easy claim.

Doesn’t even have to get the work done.

 

[transam]

Ceilings coming down any way don’t see what the fuss is about tbh

Owner should have kept his mouth shut assuming he told the builder he was extending ?

My take on the caper any way

 

[blup]

A planning permission is just that, permission to implement, not a requirement to implemented, so irrelevant. That said if the damage was a reasonable consequence of the bathrooom works, it’s at the cost of the homeowner, unless covered in the contract.

 

[IT Minion]

Planning permission lasts for ages. Plans change, they might have to live with the bodged ceiling for years. I say the neighbour should insist on having it fixed properly unless they've already got the extension build booked.

 

[motorbiking]

A planning permission is just that, permission to implement, not a requirement to implemented, so irrelevant. That said if the damage was a reasonable consequence of the bathrooom works, it’s at the cost of the homeowner, unless covered in the contract.

Not really.

Falls under reasonable skill and care. But he’s already attempted to make good, so we are beyond him arguing it’s not his problem.

 

[noseall]

Ceilings coming down any way don’t see what the fuss is about tbh

Me neither.


All the builder need do is inform the homeowner he'll deal with the ceiling - when he can. If in the meantime the ceiling is further damaged by others, then how can he successfully address his part of the damage?

Planning permission lasts for ages.

It's not indefinite.

 

[HERTS P&D]

Post pictures of the ceiling so that we can see whats what.

Andy

 

[noseall]

Builder caused damage

Builder offers to repair.

 

[Jurassicspark]

. His repair looks a mess - I have seen it.

A picture speaks a lot of words.

Not sure if you know, but was it a lath and plaster ceiling or was it plasterboard?

The work the builder is currently carrying out - is it reasonably sound?

Or is it as bad as the repaired ceiling as you say.

I think as long as the ceiling is intact and not noticeable then it should be fine, considering the planning permission.

It’s like a waiter spilling soup all over your lap, then saying there’s no point cleaning it up because you mentioned you’re buying new trousers next month.