Contractor went through gas pipe, who should pay?

[Webber3]

I had a driveway and paving specialist in today to do some work on the driveway of a property I own. One of the things they were asked to do was dig out the old mains water pipe and replace it with a 32mm pipe. Within 30 mins of starting the dig they'd gone through the gas line with their digger! The pipe was right next to the gas cabinet and covered with warning tape, so they knew it was there.

I turned up just as they'd done this and they asked me to call the gas people in to fix it. Three gas vans turned up within the hour and it was fixed pretty quickly, but they said it would be chargeable.

My project manager hired the contractors for a fixed price. They're a firm he's used many times before and there was no written contract. He (the PM) assumed I'd be paying the bill, I said no way (or words to that affect), as it was their mistake not mine.

I've yet to hear back from the boss of the driveway firm, so I don't know what their insurance covers. If they're not insured, should I be expected to pay for their mistake?

[bga]

The same happened to me in my previous property. Gas company asked for contractors details and we never heard any more. Gas company said they would pursue the guys that made the mistake.

[steve2]

their public liability should cover this, at the end of the day they damaged it

[Mojooo]

Are you a business or a consumer?

Comsumer = supply of goods and services act 1982 = they pay.

[m3jappa]

Yes they should pay or claim off public liability (which you would have to be backwards not to have! )

As a paver myself though i tell you one thing you don't break- thats the gas! Water- easily repairable, drainpipes easily repairable, electric- not good but not the end of the world (still neer done it though)

Gas can cause a whole street to be evacuated so best to avoid

[Webber3]

m3jappa said:

Gas can cause a whole street to be evacuated so best to avoid

It's ok, they plugged the hole with a bit of clay and carried on working. I don't think it was their first time hitting a gas pipe .

Mojooo said:

Are you a business or a consumer?

Comsumer = supply of goods and services act 1982 = they pay.

This one is through the business unfortunately.

I'll just push this back to them, if they haven't got insurance then that's their problem. I wondered why they were reluctant to call the gas engineers in, I don't think they wanted their name on the bill.

[grumpyscot]

m3jappa said:

Gas can cause a whole street to be evacuated so best to avoid

Or even blown up!

[dave87]

Webber3 said:

This one is through the business unfortunately.

I'll just push this back to them, if they haven't got insurance then that's their problem. I wondered why they were reluctant to call the gas engineers in, I don't think they wanted their name on the bill.

Supply of Goods and Services Act applies to contracts where the supplier is acting in the course of business - so that can be a business to business contract, and the act would still apply.

The key part is 'Reasonable Care & Skill' in the provision of the service - it is a term of the contract which is implied by the Act, and doesn't rely upon there being a written contract. That would be your best route.

[hairyben]

As a contractor who drilled through a very badly located gas pipe in someone's front garden (it was in the retaining wall for the basement steps) and got touched up for nearly a grand by the gas board for the ten minute repair, ringing round your plumber mates for a hookey repair has to be the way forward.