Consequential damage from plumbing leak
Consequential damage from plumbing leak
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BOH

Original Poster:

144 posts

228 months

Tuesday 24th September 2024
quotequote all
Evening all.

We had an en-suite bathroom added to our bedroom 2 years ago.

Unfortunately there’s been a leak around the shower tray, however we didn’t notice it until a crack formed in the celling below and some damage was done to the wall they constructed and furniture butted up to it.

The contractor has agreed to come and “take a look”, and I suspect they’ll fix the leak - think it might be the siliconing around the shower tray; my question is how much responsibility (repair cost) I can reasonably expect them to bear?

Evolved

3,924 posts

204 months

Tuesday 24th September 2024
quotequote all
Given its two years ago, I think you did well to even get them back on site.

BOH

Original Poster:

144 posts

228 months

Tuesday 24th September 2024
quotequote all
It’s a reputable company with significant social media presence, and so far, seem to be receptive to sorting the issue out.

It’s not unreasonable to expect a leak not to happen within 2 years.

Jag_NE

3,241 posts

117 months

Tuesday 24th September 2024
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I’d expect them to pay zero personally

BOH

Original Poster:

144 posts

228 months

Tuesday 24th September 2024
quotequote all
I’m not asking for predictions, but what opinions on what is reasonable to ask.

Jag_NE

3,241 posts

117 months

Tuesday 24th September 2024
quotequote all
BOH said:
I’m not asking for predictions, but what opinions on what is reasonable to ask.
Quote to fix it.

Narcisus

8,594 posts

297 months

Tuesday 24th September 2024
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How long did they guarantee the work for ?

paddy1970

1,128 posts

126 months

Tuesday 24th September 2024
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As the bathroom was installed two years ago, some contractors may argue that a reasonable warranty period has expired, typically one year.

However, if the issue stems from poor workmanship, such as improper sealing or installation, you could reasonably expect the contractor to cover the cost of repairing the source of the leak, such as the siliconing around the shower tray.

The damage to the ceiling, wall, and furniture caused by the leak is a secondary issue. If it can be shown that this damage was a direct result of their original work, you may be able to request they cover or contribute to the cost of those repairs as well. However, contractors are often more reluctant to cover consequential damage, especially if the issue was not reported promptly.

Check any contract or paperwork from the original installation. Some contractors include clauses about warranties or liability, which could clarify their obligations.


tight fart

3,247 posts

290 months

Tuesday 24th September 2024
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Buildings insurance?

davek_964

10,321 posts

192 months

Tuesday 24th September 2024
quotequote all
BOH said:
I’m not asking for predictions, but what opinions on what is reasonable to ask.
I think nothing - it's what your insurance is for.

E-bmw

11,232 posts

169 months

Tuesday 24th September 2024
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Jag_NE said:
I’d expect them to pay zero personally
BOH said:
I’m not asking for predictions, but what opinions on what is reasonable to ask.
My opinion is that Jag's answer is reasonable.

E-bmw

11,232 posts

169 months

Tuesday 24th September 2024
quotequote all
Evolved said:
Given its two years ago, I think you did well to even get them back on site.
^^^^ Wot 'e said.

anonymous-user

71 months

Tuesday 24th September 2024
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A very small leak can take a long time to build and cause damage. Something like a perished, badly seated or manufactured seal could have been there from day one. It might be improper parts, technique or poor workmanship there from the start.

See what the contractor says. I can't imagine a scenario where, without being caused by misuse or disturbance, a pipe fitting, shower tray or seal manufacturer would accept their product might not remain watertight within 2 years from fitting.

2020vision

576 posts

13 months

Tuesday 24th September 2024
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You need to get a forensic engineer who can examine it for the cause.
Even a small water leak is going to come through your ceiling in days not years. Unless you can put the problem into the hands of the installers some 2 years past, or 1 if you take a guarantee into account, it is reasonable to just get someone in to fix it if you are not adept at applying silicone.
I doubt any inspection will find a fault from 2 years ago.
Have a look yourself to see if the seal is attempting to cover a very large unreasonable gap, otherwise it’s down to you.

Tommo87

5,287 posts

130 months

Tuesday 24th September 2024
quotequote all
davek_964 said:
BOH said:
I’m not asking for predictions, but what opinions on what is reasonable to ask.
I think nothing - it's what your insurance is for.
I agree with this.

You happen the first ever person, I have come across who considers old building works to have an implied cover all guarantee.

Especially if YOU dictated the bathroom design and chose the fittings he used.


(I’m not a tradesman of any sort)



skyebear

965 posts

23 months

Tuesday 24th September 2024
quotequote all
Silicone sealing around shower trays is a wear and tear item and needs renewing. It gets mouldy and moves over time with people in and out the shower.

The fact they're coming back out after two years says they're a decent outfit but I think it's in their grace to do anything for you.

I think you need to be claiming on your insurance.

BOH

Original Poster:

144 posts

228 months

Tuesday 24th September 2024
quotequote all
2020vision said:
You need to get a forensic engineer who can examine it for the cause.
Even a small water leak is going to come through your ceiling in days not years. Unless you can put the problem into the hands of the installers some 2 years past, or 1 if you take a guarantee into account, it is reasonable to just get someone in to fix it if you are not adept at applying silicone.
I doubt any inspection will find a fault from 2 years ago.
Have a look yourself to see if the seal is attempting to cover a very large unreasonable gap, otherwise it’s down to you.
Thank you for your post - it prompted me to take a closer look at the issue. It appears one of the shower panels has been slightly mis-cut and they’re relying entirely on silicone to provide a seal. Interestingly many shower panels on the market sit in a rail which is sat onto the shower tray.

My view is “reasonable skill and care” hasn’t been used.

I don’t want to go down the route of commissioning a specialist report, however it would appear that the installer has a responsibility IAW the Consumer Act to remedy the situation.

My plan is to put this to them and see where it leads.


2020vision

576 posts

13 months

Tuesday 24th September 2024
quotequote all
BOH said:
2020vision said:
You need to get a forensic engineer who can examine it for the cause.
Even a small water leak is going to come through your ceiling in days not years. Unless you can put the problem into the hands of the installers some 2 years past, or 1 if you take a guarantee into account, it is reasonable to just get someone in to fix it if you are not adept at applying silicone.
I doubt any inspection will find a fault from 2 years ago.
Have a look yourself to see if the seal is attempting to cover a very large unreasonable gap, otherwise it’s down to you.
Thank you for your post - it prompted me to take a closer look at the issue. It appears one of the shower panels has been slightly mis-cut and they’re relying entirely on silicone to provide a seal. Interestingly many shower panels on the market sit in a rail which is sat onto the shower tray.

My view is “reasonable skill and care” hasn’t been used.

I don’t want to go down the route of commissioning a specialist report, however it would appear that the installer has a responsibility IAW the Consumer Act to remedy the situation.

My plan is to put this to them and see where it leads.
It was going to be either wear-and-tear or a bodge. You seem to have found the latter.

Good luck.

BOH

Original Poster:

144 posts

228 months

Tuesday 24th September 2024
quotequote all
Tommo87 said:
davek_964 said:
BOH said:
I’m not asking for predictions, but what opinions on what is reasonable to ask.
I think nothing - it's what your insurance is for.
I agree with this.

You happen the first ever person, I have come across who considers old building works to have an implied cover all guarantee.

Especially if YOU dictated the bathroom design and chose the fittings he used.


(I’m not a tradesman of any sort)
The bathroom was designed, supplied and installed by the one company. I paid them to give me a bathroom, and it’s down to them to use reasonable skill and care as to how to do it.

With two years (21 months to be precise) it’s failed. It appears the fault was present at the time of installation.

Statutory consumer rights apply to any good or service a trader supplies.



dhutch

16,740 posts

214 months

Tuesday 24th September 2024
quotequote all
Jag_NE said:
Quote to fix it.
Which given how hard it is to get a quote these days, it not a bad compromise!