Damage caused by poor workmanship

bonzos

Registered User
Messages
96
I had a new bathroom fitted recently. The plumber I hired to carry out the work didn't create a great impression whilst on site to say the least. I paid him in full cash, as most of the snags and issues were minor. Fast forward 3 weeks after completion of works and we have a major leak which has travelled through floors and walls to other parts of the house. I hired a new plumber to investigate and repair this but am not left with a heafy bill for repair works. The original plumber is not responding to my calls or texts.... What are my options to ensure he absorbs the cost of repairs?
 

mathepac

Registered User
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7,740
Did you have a written contract including a full schedule of works? Did he provide you with a VAT invoice? Does his advertising including web-site, business cards, van or written ads, mention "professional services" or 'top-class work"? If you some of those on your side you may be able to sue; with none of them you're on soggy ground trying to recover anything.
 

bonzos

Registered User
Messages
96
Did you have a written contract including a full schedule of works? Did he provide you with a VAT invoice? Does his advertising including web-site, business cards, van or written ads, mention "professional services" or 'top-class work"? If you some of those on your side you may be able to sue; with none of them you're on soggy ground trying to recover anything.
He had a business for over 20 years,insurance and VAT registered. I assumed a certain standard of work....didn't think he had to advertise top class work.
 

Leo

Moderator
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13,880
Your options are really solicitors letter and Small Claims Court if you're seeking up to €2k, or regular courts above that figure.

Mathepac's point on documentation you have to support you claim is important. We often see people here enquiring about 'cash jobs' and paying under the table where both parties are happy to cut the tax man out of the loop. Going down that route weakens your chances of resolving issues that arise later.
 

Cervelo

Registered User
Messages
851
Going down that route weakens your chances of resolving issues that arise later.
I would agree with you here Leo but a solicitors letter informing the plumber of their intention to go to court should re focus the plumbers actions
The last thing that the plumber or any tradesman would want is for a Judge to hear that their business is a cash only business
It's my understanding that once this fact is disclosed in a court it wont be long before revenue take an interest in the plumber
 

Leo

Moderator
Messages
13,880
I would agree with you here Leo but a solicitors letter informing the plumber of their intention to go to court should re focus the plumbers actions
The last thing that the plumber or any tradesman would want is for a Judge to hear that their business is a cash only business
It's my understanding that once this fact is disclosed in a court it wont be long before revenue take an interest in the plumber
Absolutely, and I would always recommend the solicitor's letter as a next step if they refuse to engage.

If however the OP was complicit in encouraging tax evasion though, it's unlikely they will be able to prove the terms of a contract on which to base the legal action. If there are no works going through a company's books, then you're trying to go after an individual who can just deny any contract existed.
 

LS400

Registered User
Messages
715
Call him on another phone, when he answers, tell him your looking for his address to fill out an application for small claims.

He will either fold there and then, or you will know you are in for the long haul. At least you will know the course of action needed there and then.
 

mathepac

Registered User
Messages
7,740
€25/30 for a Nokia 105 dual SIM phone plus the cost of a pre-paid SIM. Cheaper than a solicitor's letter I suspect.
 

mathepac

Registered User
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7,740
But these days don't the smart folks refuse to answer those calls? I'm not the sharpest knife in the drawer, but even I won't pick up.
 

ClubMan

Registered User
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45,223
Maybe - but if he won't answer unidentified calls then he may not answer unknown numbers either.
 

Pinoy adventure

Registered User
Messages
757
First I'd check if he is a registered installer on RGI website.(only registered gas installers can work on heating systems including towel rails).if he is not on there he should not of touched your heating system.
Since it was a cash job I'm assuming he didn't show any insurance details when he agreed too do the job,so you might need too go true your house insurance.
 

Leo

Moderator
Messages
13,880
First I'd check if he is a registered installer on RGI website.(only registered gas installers can work on heating systems including towel rails).
Anyone can work on a towel rail. Only RGIs can work on boilers, but once the boiler cover remains in place, the rest of the system is fair game. Legislation is here. The elements of wet side of the heating system are not gas fittings, and so are not covered.
 
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