Small issue, who's liable

[AllyBongo]

We've be sub contracting for the past few years with no problems. We've been with our most recent firm for around 3-4 months. A few weeks ago the boss man was telling us how happy he was with us, and how we never had any call backs from our jobs.

But every now and then a small problem arises, in this instance, a leaking condensate fitting inside a base unit. The damage was minor. 1 600 base unit and two packs of laminate flooring will be needed to repair the damage. The main contractor sent us back to the job to repair the leak and speak to the customer about paying for the repairs. I approached the company, asking if they could take the hit, and pay for the repair out the job profit. But this was definitely not how they deal with these matters.

My argument was that we have done a good job on all their installs bar this one, and apart from the small leak, the rest of the job was spot on. The profit they are making on jobs average around £1000-£2000 per install, so we made them a lot of money, but the day rate they pay is pretty poor. Plus there were a few jobs we were short paid on, including one job which was short by £200, they are apparently looking into this...

They threatened us by saying if we didn't deal with the customer, they would just give the customer out public liability details. Can they even do that!? They are just stepping away from this and leaving their customer to sort it out. I'd have thought as the main contractor that they would need to deal with the issue and the customer, and then deal with us.

Never had any problems like this before, so dont really know where we stand, any advice is appreciated!


PS. We never signed any contractor agreement with this company

 

[Chalked]

That's the pitfall for being a subcontractor. He is within his rights to make you pay.
not a nice thing to do though.

 

[newcastle phill]

Id say it depends who the contracts with.
Id presume the contract is between the customer and who they pay the money too.
Yes they can compel you to go back especially if you wish to retain the work but im not sure about handing your insurance details.... interesting. No idea lol.



..... I dunno but when you fall and break your shoulder due to poor road surface. You dont sue Mcalpine who laid the road. You sue the council. Then they sue mcalpine lol
Different circumstances for sure lol

 

[REDSAW]

your rates are too low!

how can you not compensate for any standard damage due to mishap but not cover it within the rate you charge?

or are you just charging a wage? if so, i would tell them to do one.

 

[AllyBongo]

The rate we get is the companies rate, same as any mob i've subbed for.

Interested to know if it makes any difference if we have no contract agreement in place

 

[Rickster123]

Depends if you want any more work from them or not really. You've said that it was your mistake that caused the damage and as a subby it's your bill to pay really.

 

[REDSAW]

as i said, you could just walk away and let them chase you. unless your owed a lot from them?

i wouldnt be taking it from them though! but i see where their coming from, they paid you to do the job and you fitted the condense that leaked causing damage. why not put it to insurance, or just whack in a new cabinet and floor and take it on the chin?

 

[newcastle phill]

Did they supply the materials ???

Faulty materials ???

 

[Rickster123]

Did they supply the materials ???

Faulty materials ???

A faulty overflow elbow? Clutching at straws!

 

[newcastle phill]

Trying to give him a way out lol

 

[REDSAW]

trying to give him a way out lol

run!!!!!

 

[lame plumber]

took them a long time to get back to you if its done that much damage!

 

[Ch4 plumbing]

took them a long time to get back to you if its done that much damage!

Depends on the customer really, some like to let it get worse so they can claim more......a leak is still a leak.

 

[squidlips]

bite the bullet and pay for it to be repaired,, kitchen units are cheap enough and you could add a few quid on future jobs to cover the cost.
if you claim on your insurance you can bet the next years premium will sky rocket and cost more than a kitchen unit

 

[stevetheplumber]

Down to you I'm afraid this is why companies sub it out your lucky they have given you the option to put it right many jus t in for.m the insurance company I assume that th ey have a copy of your policy

 

[AWheating]

tell them to take it out the 200 notes they ow ya.

 

[southcoastboile]

As far as I know if you sub contract a job out the liability lies with the company rather than the sub contractor they employed even if it was the sub contractors fault. So in this case their insurance company would have to pay and then their insurance company may be able to claim from yours.

im not 100 percent on that but that's what I was told.

You agreed to work for those rates and it should make no difference at all how much they are making on the job or how well past work has gone. The bottom line is you caused the leak so in my opinion you should pay for it but who am I to say. If it were me I wouldn't hesitate about rectifying it unless they are trying it on.

We have all made mistakes and have had to pay for unexpected issues. Next time just put your rates up a bit

 

[JWLPlumbing]

Bit of an awkward one!

I would just take the hit, you've done a good job upto now and sure this is just a one off.

 

[Gray0689]

If the leak was your fault it's your expense
Ps a ew unit and 2 boxes of flooring don't sound like a small leak to be honest