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Oct 21, 2018
13
11
3
Manchestee
Member Type
General Plumber
I did a job in augest 2012 and last week received a letter in the post off there solicitor saying I was liable for a compression fitting leaking and causing some damage in augest 2018! The company I had then stopped trading in March 2015 as I went limited. Does anyone know where I stand etc?
 
I would contact your insurance co you used in 2012 and see what they say. Not sure what your status was in 2012 but if sole trader, then i guess they need to sue you personally rather than the Ltd company as if it did not exist in 2012 then its not connected as such.
 
Your liability ends after the term of your warranty has expired. How does this customer know that the compression fitting hasn't been tampered with by someone else working on it or near it?
In any case, best seek advice from a lawyer, most first visits are free, or go see your local Citizens Advice.
 
I dont think you can just say there is no liability after warranty has expired, the client would have to prove it was fitted incorrectly in the first place or defected materials. It is reasonable for plumbing joints to last longer than one year, if thats your warranty, and the customer will use that angle to get you to pay for consequential loss, it sounds like a punt at your insurance company to see what they can get.
 
Firstly, the compression fitting would have had to been done wrong in 2012.
Not fully tightened, or olive not compressed, or olive not full on pipe.
So how do they come to the opinion it was installed wrong?
Secondly, 6 years has passed and I assume you don’t give 6 year + warranties.
I would take some legal advice, but I would also play the customer along with questions, should you reply.
Has someone been moving or tampering with the pipework in periods during that 6 years, would be one question.
I might add that compression joints are not guaranteed for long life by the manufacturer, nor you.
 
I dont think you can just say there is no liability after warranty has expired, the client would have to prove it was fitted incorrectly in the first place or defected materials. It is reasonable for plumbing joints to last longer than one year, if thats your warranty, and the customer will use that angle to get you to pay for consequential loss, it sounds like a punt at your insurance company to see what they can get.
There is no liability to the installer after the warranty has expired. If there was, then we'd all be liable for every fitting and appliance on every job going back years. Furthermore if work has been done on your pipework by another plumber which will happen over time if a new tap is needing installed or additions to a bathroom are required, then again you are not liable for the original pipework after someone else has worked on it as technically it's been tampered with.
Regardless the OP needs to seek professional legal advice from either a lawyer or Citizens Advice as I doubt if anyone on this forum is qualified to do so.
 
I did have public liability at the time. I’m now off the tools anyway my knees where giving up on me so I got out before it was to late. I’ll speak to a lawyer tomorrow see what they have to say, just think after 6 years it’s a bit excessive . Joints could easily have been knocked, engineers could have worked on the property after and dislodged parts etc
 
  • Agree
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Just as a footnote to warranty, I pulled up Poofix over the one year warranty given to their soldered fittings. One year warranty for a soldered fitting?!!! Apparently the one year is correct. Must be extremely crap fittings!
 
Maybe ask them to send you photos of the joint and surrounding area.
Could work out in your favour.
Remember, at the moment they might assume the possibility that you will be very accommodating and conform to their requests, so keep it pleasant and see what info you can get from them.
 
As I got older, I got grumpier, so me being accommodating and conforming to their requests, would be to tell them to go f**k themselves. 🙁

😛 Most of us also would. I used to be too gentle natured, but have gotten less tolerant to being bullied.
But best to keep communications to your advantage.
Beat them with pleasant words. 🙂
 
Yea I will I’ll just let a solicitor sorted, if it was a dodgy compression fitting or installed correctly I’m sure it would never have lasted 6 months not 6 years
 

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