Re-pointing of tiled path - more work needed than 1st agreed

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Hello! I was hoping to tap the combined knowledge of the professional community on here. A little bit of background first. I live in a Edwardian mid-terrace house, with small garden to the front of the property. As is typical of this type of property there is a small path from the front gate to the front door that is paved with encaustic tiles. After a harsh winter the pointing between the tiles had started to break down and was in need of repair. After obtaining several quotes, sourced from 'Check-a-trade', I decided to employ someone that I'd used previously (plastering) and been happy with. So on 24/10/2011 work was carried out and the pathway re-pointed.

It was during the first six months after completion that I contacted the trades-person (a plasterer by trade, afaik), regarding a small area of unfinished pointing on the front garden wall (this was also done at the same time as the path). He said that he would attend to the problem within a week - and unfortunately didn't show.

On 5/4/2013, I contacted him again via email and telephone (mobile message and message left with partner). This time about the pointing on the tiled pathway which had started to break up in addition to the unfinished pointing on the wall. We agreed that he would inspect the problems during the week of 8/5/13 and 12/5/13 and telephone to let me know the outcome. I didn't hear from him again. :mad:

As a result on 7/6/2013, I took my complaint to Check-a-trade. This was followed by a pitiful phone call from him where he moaned that I'd marked him down on the 'Check-a-trade' questionnaire for tidiness of the job (he'd left chunks of new mortar in the pebble stones that act as a mulch in the flower bed). He also said that I couldn't expect the pointing to last "...that long!" :eek: I replied that I could reasonably expect it to last longer than it had! Following this, it was agreed that he would attend to make good the defects within an agreed time period of which it appeared he did.

Regrettably, the pointing on the tiles broke down again within weeks. On 21/9/2013, I sent a letter outlining the problem and asked him to contact me withing 7 days to make arrangements for remedial work. By the 23/11/2013, I still had not heard from him, so I sent a second letter giving him a further 7 days to contact me and another 14 days to commence work.

The deadline for the further 7 days passed and I was wondering what to do next, until the 3/12/2013, when I found his business card stuck in the gap between the front door and the frame, with nothing written on it! Rightly or wrongly I decided to ignore it, because I felt it was too little to late (also, it could have been a circular). I was still wondering what to do next when on 11/12/2013, whilst returning with my wife from my son's Nursery Xmas show, I was met by him outside my house. He mentioned the card and also said that he'd come by several times, but there was no one in? To cut to the chase, he said that he'd inspected the paving along with his brother (a builder) and come to the conclusion that the foundation layer beneath the tiles was probably crumbling and that to remedy the problem, the tiles needed be removed and the foundation made good. He demonstrated his conclusion by tapping on various tiles and saying listen it sounds hollow underneath? He then informed me that initially I'd instructed him to repair the pointing, implying that he wasn't liable and he'd done as he was asked. I didn't comment on this, but my initial feeling was that, should he as a professional have been aware of this? He even mentioned that he's previously done such a job? He said that it had, "...been playing on his mind..." and that he, "...just wanted it resolved." He said that he was willing to re-point again but it would probably break down again. He also said I could obtain further quotes, intimating in my mind that this was going to cost extra! This was before confirming that I wasn't going to take any further action. I said I needed to discuss this with my wife first and that I'd be in touch in shortly.

I have since done a little research in this area and found this, http://bit.ly/1dineGi. The relevant paragraph states that,

"If the extra work is something that any reasonably skilled builder should have spotted, then it should have been included in the original contract. You could argue that the builder didn't use reasonable care and skill when they drew up the original quote and so is in breach of contract. As compensation, you can ask him to honour the original quote."

Which brings us to the crux of the matter, is it reasonable for me to expect that he should he have anticipated the crumbling foundation at the outset. Especially as he'd had previous experience, as mentioned earlier?

Kind regards
D
 
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i wouldve thought that the path would have some kind of a concrete footing,could be just a case of gently taking up the loose tiles and rebedding them?
if they are loose then no wonder the pointing keeps breaking up,with all the traffic going over them it sounds like there moving.
might be worth posting a few pics up and the gurus on here will be able to offer you better advice.
 
(@gregers)Thanks for replying! :D Will post pics tomorrow.
 
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here goes, you asked the guy to remedy the pointing, which he did. He should have pointed out to you however that the job would not last because of the bed possibly being damaged, but he didn't.

so yes the guy did exactly what he was employed to do, but he is a plasterer not a tiler, not all tillers have experience of encaustic tiling.

if I were to give you an estimate, first thing I would say would be to get the tiles lifted then make good any damage underneath, then lay the tiles, if not the damage is just going to keep appearing but getting much worse a time goes by.

Jimmy
 

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