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Eon contractor damaged my kitchen fitting a boiler. should they not claim on their insurance?
We had EON fit our boiler back in March (before lockdown) using a plumbing company they nominated. They removed the old boiler from our kitchen and installed the new one in the loft.
Everything went well until the plumber, who was a very nice guy btw, dropped his cutting tool on our brand new (fitted 3 months earlier) kitchen worktop.
His tool broke straight through the surface of the worktop and left a semi-circle dent about 9cm x 5cm.
I get accidents happen, and like I say the plumber was a nice guy, but obviously the damage caused needed to be rectified.
Lockdown happened and we were delayed until August and then finally EON got in touch to work this out.
They offered a repair, but we said it wouldn't be possible due to the complex design of the worktop. They insisted another 3rd party company they have dealt with can do it, so we said ok if they guarantee it for 10yrs, they agreed.
The repair guy came, laughed and said there is no way to replicate the pattern in the worktop so it can't be repaired. So he rejected the job after driving 50 miles on a Saturday morning for nothing.
I told EON the outcome of the experts opinion, whilst for the 100th time saying they need to fix this through insurance so an assessor can be appointed to itemise everything that needs doing to fix this. It's not just removing and refitting a worktop, it means pulling off upstands, which will break plaster and paint, also remove an induction hob and glass sink and tap etc etc.
But EON refuse to even acknowledge my request for this to be repaired through insurance. I've asked then outright "why are you not arranging for an insurance company to deal with this?" and they never answer me, they just dodge the question every single time.
So where do we stand here?
I'm going to speak to Citizens Advice to see if they can advise us on how this can be done properly.
I run a business where I must have valid Liability Insurance for times like this, so why are EON and this plumbing company not forced to do the same?
If anyone can offer an insight into this situation, or has any advice I'm all ears.
2 Answers from MyBuilder Plumbers
Hi. Allegedly some companies use sub contractors. Any damage done would likely be the responsibility of the sub contractor only... perhaps just the individual workman, allegedly. All self employed and contractors etc are required by law to have public liability AND give a receipt for work done, allegedly. If you have a claim why not ask Trading Standards for advise.
My understanding is that Inland Revenue have a £2000 fine for not suppling a valid receipt for work done and money received, allegedly. Good luck, Bob.
Answered 22nd Sep 2020
Unfortunately it sounds like the subcontractor who caused the damage would be liable and their insurance should be paying out.
EON are probably trying to avoid going to insurance for the sake of their relationships with both you and the subcontractor.
Insurance companies will want to see the contracts and thrash out liabilities between each other. This will take time and cost money.
If EON can rectify the issue it would be best for all parties.
If you really do hit a brick wall, you’re going to have to take the subcontractor (no matter how nice) to small claims court and seek damages once you have proof of the costs.
Answered 18th Sep 2020
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