Who is right ?

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L

limco

I Recently finished renovating a bathroom in Aug & today I recieved a phone call from the customers father who is a lawyer, stating that the pipes in the bathroom should not be coming up from the floor.
I have made some inquiries and he is right, but the thing is- it was another plumbing company that did the pipe work and they sent the bill to these customers.
I sent my bill for the joiner and tiling work.
I told this lawyer that he should contact the plumbing company who did this job- but he insists that it's me that has full responsibility and it's my company who should fix this mistake which will cost a lot of money...
So now I am confused !- who should fix this problem ?
 
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L

limco

Sorry for the absence, but this case is still on the fire.
Okay, here is the up date.
Swedish Tiling rules states, no pipes sould come up from the floor from Aug 2010.
The bathroom in mention was done in Aug and my plumbers told the customers the pipes would have to come up through the flooor, as it would cost too much money to get them through the walls, after the main water pipes are in the basement- the customers agreed to this, and I was there when this was discussed.
The customers are now selling thier house and the building inpector has told the possible buyers of the pipes coming through the floor is against the tiling rules.
They then looked over my certificate and saw nothing about the pipes up through the floor.............this is were I went wrong, and one can make a mistake eh!
Now the customers father is a lawyer, and he is demanding me and the plumber to re-do the bathroom, as his daughter can not sell the house, because of the pipes.
And he is telling us that we are both lying about saying the customers agreed to this..............but he would.
This is all happening as the people who are interested in buying the house, are offering less money because if the pipes in the bathroom.
Now the Swedish Tiling branch lawyer who I have now, talking on my behalf- has told the other lawyer- "If the pipes could be seen and they were not hidden, then the customers should have reported this after 2 months- but the Tiler and plumber involved in this job, are willing to write out a new certificate"
But this daughters lawyer, is still wanting us to re do the bathroom....
So this is the up date on this subject...........a lot of sleepless nights and too many phonecalls- time for some meatballs.
 
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M

mikethetile

right I understand now, so to bring pipes up from below you would have to go up through the wall, it makes sense to have a watertight floor, maybe they should consider that here, it wwould cut down on hefty insurance claims

as to your question it depends on wether you brought your own plumber in on the job even if the plumbers contract was direct with the client, it would be considered your job with your reccomended plumber hence the fil writing to you, but as to the actual legal position you would need to speak to a swedish lawyer
 
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L

limco

doug boardley said:
so if it was done in August and the new regs came out in August, does this mean that every house in Sweden that had a bathroom refurbed and put on the market(in August) may need a retro fix?
Click to expand...
If the buildering Inspector spots this, and if its not writing on the bathroom certificate- then they will have the same problem as me.
But usualy the customer will contact the Tiler and both customer and the Tiler could work out a solution together.
But in my case- the customer didn't contact me- it was Papa the Lawyer, and this has only made matters worse-
Demanding this and that, and trying to scare me with his huge words.
 
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L

limco

vosnack said:
If you change the certificate will the current owners have the same problem with potential buyers? Can you date your certificate backwards?
Click to expand...
Yes ! I could give out a new certificate to the new owners- and they will not have a problem when selling the house.
As it would state why those pipes have come through the floor.....
But it's the daughters Papa (the lawyer) who is creating this fuss.
 
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Dan

Dan

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Basically they loose money on the property if it's not to current regs. This lawyer isn't going to settle for anything but top dollar for the house by the sounds of it so I'd start considering getting a fix sorted out.

You took on the job and used a subby plumber. Perhaps you could argue that as a tiler you're not a plumber and he should have known that. But you'll loose your relationship with him quickly.

If you can back date the certificate perhaps then the house will sell at the right price as it is to standard (technically). Maybe that's a cheap free fix but if the lawyer doesn't like the sound of it, he'll use it against you if something does come of this.

Lesson learnt. Keep up with the regs!
 
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L

limco

Update:
Well we have sent this lawyer our solution for the pipes coming up from the floor and it complies with the Swedish Tiling rules- and we are in our right to fix these pipes, but it looks like this lawyer is declining our offer and taking us to court and trying to sue us for £13,000, as he also wants the guest toilet done as well, because there is 2 pipes coming up from the floor in there as well.

My lawyer has told me, "let him take us to court"

1/ All faults with a bathroom, must be reported to the company 2 months after the bathroom has been finished- this is for faults that can be seen, and they have reported this 3 months after.

2/ Our solution was declined and according to the building trade over here in Sweden, we are in our right to go into the house and resolve the problems- before any court proceddings

3/The customer has declined to talk to me or the plumber about the problem, but instead, brought in his Father-in-law (the lawyer) to try and get money from us.

I remember when the bathroom was finished, these customers were about crying- because it was the bathroom they dreamed of.
I recieved so many cuddles and even a box of chocolates when I left the house, and they even wrote a lovely referance for my company- they also paid the bill with in 2 days.
Now since this has happened, I have been having sleepless nights and my heart problem has started up again- due to this lawyer who is using a bully tactic to get money for his daughter.

My lawyer has also told me that I didn't have to send a solution and fix these pipes- as thier claim has come in too late, but I am doing this from the kindness of my heart, as I do not want my company to get a bad name.....as this lawyer, is nasty !
Wish you guys could read Swedish, as we have found some disgusting things about him on the net....
 
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L

limco

I will do !
Just heard yesterday, that the lawyer is suing my company and the plumbers company.
He threw out our proposal, which he had no right to do- as we are in our right to get into the house and fix those pipes, before any court proceddings-
So all I can say now is " bring it on ! "- and I will be suing these customers and papa the lawyer for court damages.
We have done every thing by the book to resolve this problem- but they have declined every thing.
They just want the £12,000-
 
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