Incorrectly installed Valliant Eco Tec boiler- advice on what to do next?

[davecon70]

Good morning all. Hope you had a relaxing Christmas.

I’m looking for some advice on how to proceed with a new Valliant boiler that was incorrectly fitted 3 years ago. Long story short there is not sufficient clearance (there is 80mm as opposed to 180mm as per their guidance) between the boiler and the megaflo beneath. This became apparent earlier this year when the plumber called Vaillant out to check on a suspected faulty part and their engineer noted that the boiler had not been installed correctly.

The plumber said that he did not knowingly fit the boiler incorrectly and directly replaced the new boiler in the same position as the old one, so I would have heating and hot water as soon as possible. The replacement boiler cost £3.5k and another £300 as the wiring had to be re-done (seemingly not was not part of the original job).

Fast forward to yesterday. Rather than deal with the plumber again I called Vaillant direct to arrange the yearly service. They said that there was a ‘code 1’ noted on the account which meant that they would not service the boiler until installed correctly and until that point it was not covered by the warranty.

I spoke to the plumber today who says that he originally wanted to fit a Worcester Bosch and that I insisted on the Vaillant. He said that he fitted in situ to save me time and money. At the time he never offered any choices other than to repair and keep the old boiler or replace with a new one- there is no way that I would have known at the time whether it was fitted correctly or not.

He says that he will speak to Vaillant to see if they will removed their code 1 as they are being excessive about the clearance as the underside can still be accessed. If that is not successful then the only choice would be to move the position of the Megaflo to the other side of the cupboard which I will have to pay for. His logic on that was that he wasn’t aware of the clearance rule at the time of installation and that now he is aware it’s another chargeable job. My argument is that either knew he was cutting corners and hoped to get away with it or he didn’t know- I’m not sure which is worse.

Any advice on the best way to proceed would be? I feel at this point in time I have almost nothing to lose but there is no chance I will be paying him to fudge another job and then blame me for it.

 

[Mottie]

Surely if he’s not fitted it as per the instructions, he is liable? Can Gas safe get involved?

 

[davecon70]

Surely if he’s not fitted it as per the instructions, he is liable? Can Gas safe get involved?

I had Gas Safe arranged earlier this year but he assured me the boiler was still covered. Stupidly I believed that and cancelled the appointment as I was so worried they would declare it unsafe.

From what I’ve read he fitted incorrectly regardless of the reason and it would seem he is liable. According to the Consumer Rights Act if the boiler was fitted incorrectly it’s a breach of contract.

Hopefully there are some tradesmen reading that can point me in the right direction.

 

[muggles]

The clearances are all stated in the manufacturers instructions. If he didn't adhere to them (or bother to read them) that's his problem, not yours

 

[CBW]

His logic on that was that he wasn’t aware of the clearance rule at the time of installation

Absolute shoite, he’s accountable as even Worcester Bosch, which he wanted would have minimum clearances. Iirc they’re on the template and in the mi’s, As per @muggles, he didn’t adhere or bother to read them. He will be liable, you don’t need to move the cylinder. Only argument he might try is the cylinder was installed after the boiler. Vaillant aren’t being excessive, minimum clearances are there for maintenance purposes, if nobody can maintain it, then that’s the issue.

 

[davecon70]

Absolute shoite, he’s accountable as even Worcester Bosch, which he wanted would have minimum clearances. Iirc they’re on the template and in the mi’s, As per @muggles, he didn’t adhere or bother to read them. He will be liable, you don’t need to move the cylinder. Only argument he might try is the cylinder was installed after the boiler. Vaillant aren’t being excessive, minimum clearances are there for maintenance purposes, if nobody can maintain it, then that’s the issue.

Thanks for your input and @muggles too. The cylinder was installed at the same time of the original boiler back in 2006. Perhaps back then the clearance wasn’t the same but when he installed the new boiler in 2019 he can’t make the excuse. My guess is that he didn’t expect it to be an issue if he was doing an easy service each year.

 

[ericmark]

If the boiler is working, I would delay until weather is warmer, this is not the time of year to be without heating, this is not a plumbing problem, but a legal problem, who has to pay to correct it.

I would say the plumber, however I have read court cases, and often blame is not attributed as one expects, all he needs to do is say I did point this out at the time, but the client was not prepared to pay the extra to re-site the boiler or megaflo.

So you need to decide, if worth engaging a solicitor to fight your case? In the main court case are only brought when some one has died as a result. Likely what is needed is a written report by some one who has the qualifications to say what was done is wrong. And I know to my cost how even that often does not work, after a works accident a professor stated I could never work again, but DHSS took the word of a Nurse that I could.

So you could be looking at a battle, so the question is not what's right or wrong, but is it worth the fight?

 

[roguetrader]

It all looks rather tight in there and at the time you were probably grateful to get the heating back on.
I've known customers who would pay the extra to move the boiler if it wouldn't fit to MI's spec and I've know customers who would say b****r it, fit it there, I'll accept responsibility.
These are of course conversations that get lost in time.

 

[Nige F]

. And I know to my cost how even that often does not work, after a works accident a professor stated I could never work again, but DHSS took the word of a Nurse that I could.

ATOS ? I had a run in with them some years ago