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Conversions - General Question
My alarm system has been lost by builders finishing refurbishment work on my home.
I had a fully functioning alarm system before having refurbishment work undertaken. I did not specify the system should be retained. Now the builder has lost the system and a new one needs to be bought for my home insurance. Can I expect the builder to cover this cost?
What is the implicit understanding in this event? I have signed a minor works 05 contract.
3 Answers
Best Answer
he should cover this out of common courtesy, have you made all payments to him if you have not paid him in full you could discuss with him the possibility of keepi ng some of the final payment
Answered 5th Dec 2011
based purely on the details you have provided, i would suggest that at face value the builders should cover the cost. it would be reasonable to expect the builder to note that the alarm was in full working order, and so efforts should have have been made to protect it or remover and refit it, regardless of the fact that this wasnt specified in the contract.
it is normal for a schedule of dilapidations to be produced showing all existing damaged items prior to work starting, and the builders should do this as a matter of course even if not requested by the client. inspection of this would then show that the alarm was not on it.
it is also normal to include in any contract for the removal and/or protection of existing services, but even if in this instance the alarm wasnt included in this the item should still have been protected for retention or reinstatement
Answered 6th Dec 2011
Its always difficult to give a definitive answer as there are generally two sides to a story. One would say the builder should have clarified if you wanted to retain the alarm if it was in good working order.
Answered 5th Dec 2011