Flood

[Royal]

I am a self employed Bench Joiner with limited plumbing skills. I helped a collegue plumb in a bathroom, the collegue knows I am not a qualified plumber. One of the connectors failed (plactic pipe) flooding the property and resulted in a claim being made against the collegue (£10,000). I was working as casual labour. Now the collegue want me to contribute to the £10,000. As he is the contractor am I to blame?

 

[SimonG]

That's what public liability insurance is for. Don't leave home without it.

I take it that your 'colleague' isn't a plumber either?

 

[clarky101]

Got insurance.... Might need to make a claim...

 

[Rickster123]

I'd change my mobile number and move! This thread is a perfect example to newbees on the need for insurance.

 

[Royal]

The collegue happens to be my Brother. He is a carpenter. He should have Public L Insurance, but I have read that the insurance might not cover plastic.

 

[Rickster123]

Then get your brother to phone them and check the small print. Surely that's the first course of action?

 

[Royal]

Think he has. That is why he is expecting me to contribute

 

[clarky101]

Christ what did you & your brother do.....hammer nails into the pipe...

 

[Rickster123]

Think he has. That is why he is expecting me to contribute

Then I think you have two options. 1 is fall out with your brother and 2 is to contribute to the 10 grand. But you never really liked him anyway did you?!

 

[SimonG]

It's not so easy this plumbing lark is it?

Trying not to sound too smug, but you may find that your brother's insurance won't cover it. When you say a plastic connection failed did you use inserts in the pipe and pressure test the installation to the pressure recommended by the manufacturer?

 

[Royal]

As i said earlier. on of the connectors failed. What I need to know is who is at fault? the contactor or his employee (me)?

 

[clarky101]

Who fitted it....you ?

 

[Royal]

My thoughts excatly. Inserts were used through out but don't think a pressure test was done.

 

[Royal]

Me yes.

 

[Rickster123]

Bottom line is mate if he was the contractor then he is the one they will chase for money now. But it also comes down to decency and family loyalty.

 

[SimonG]

Ultimately contractor at fault. He should have had public liability and employers liability.

Can't he get in and put the damage right and bypass the insurance side. It'll be a lot cheaper.

It puts you in a difficult position though with it being your brother.

 

[clarky101]

Like your man AP said, help out as you fitted it or bale out....choices choices...

 

[on31ll]

would he pay if shoe was on the other foot ? do you think yourself you should pay ?

 

[Royal]

Dilema, the flood happened over X-mas 2011, client had to get an emergency plumber out on boxing day, must be a lot of damage for 10k

 

[on31ll]

if i built a staircase with my colleague and it fell apart and caused damage and i was contractor i dont think i would chase him for the money. because end of the day i know hes not a joiner neither am i

 

[clarky101]

So... Why now....is there more to this

 

[on31ll]

2011 and your hearing about it now ?

 

[on31ll]

and you can get to 10k before you know it !

 

[Royal]

Claim against him has been going one for a while.

 

[Ray Stafford]

The legal situation depends on exactly where the contract(s) exist, and their nature.

For example, I am assuming that your brother had a contract with the client, and therefore owed them a duty of care. This doesn't have to be a written document - a contract can be established verbally, or inferred from actions (like doing the work and accepting payment).

In terms of your contractual relationship with your brother, it depends on the terms that you were working on. If he was paying you a day rate of £xx to help with the job, then I don't think he has any legal claim on you. On the other hand, if you agreed to work for a share of the profit, then he may have a case that you were a party to the contract with the customer.

Legal arguments and family don't mix very well.

 

[clarky101]

if i built a staircase with my colleague and it fell apart and caused damage and i was contractor i dont think i would chase him for the money. because end of the day i know hes not a joiner neither am i

his brother not a plumber either, probable cash job......

 

[Royal]

We had done her kitchen a few months before and went back to refurbish the bathroom. all new stuff. My bro project managed the job. All on the books.

 

[Royal]

Thanks for your input. Now to decide wether to contribute or not. Maybe give him back the £80 per day over 5 days.

 

[on31ll]

end of the day he has no legal grip on you if you where being paid per day as ray has stated. i know it doesnt help know but if the insurence says no to plastic then cover your own back and dont use it. i have seen a few bathrooms completed by joiners and the quality has been good but you need to have some experiance or training on the plumbing even if it is basic. plastic pipe is easy to work with and isnt to hard to get right if you remeber the inserts but somehow it hasnt gone right for you.

 

[on31ll]

why doesnt his insurence cover plastic ?

 

[theanalyst]

Tell him to go bust..... Then start up again. They won't get anything then. Don't you watch cowboy builders?? lol
I would also be wanting independent expert reports verifying this £10,000 in damage. The customer could be pulling a fast one on the value.

 

[Rickster123]

why doesnt his insurence cover plastic ?

Because it was cheap and worthless insurance. Read the small print!

 

[plumber0808]

I bet it was speedfit on hep... Caaaaboooooom.
waaahhheeeyyy

 

[villa_tom]

What's happened to family loyalty?

if this happened with me and my brother we'd help each other. I don't understand this should I legally have to pay. Legally maybe not, but morally yes.

The bottom line is, you shouldn't do things your not qualified to do.

 

[Destroyer2813]

Wonder if they pushed onto old 3/4 without knowing