Irish Water first fix indemnity form.

D

DirectDevil

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BACKGROUND.

I have a water leak.
It looks to be eligible for the Irish Water (I.W.) first fix scheme.
They are looking in to it at present.

INDEMNITY FORM.

If I.W. admit my leak to the first fix scheme I will be asked to sign an indemnity form before their contractor starts work.

I have heard some concerns expressed about the extent of the indemnity and what I might be signing up to or signing away.

I would be particularly concerned if anything goes awry and I have to refer matters to my household insurers. They - insurers - may not cover a contractual liability voluntarily assumed by me unless that liability would have existed independently.

I don't want to find myself in a situation whereby I get an indemnity form which I have to sign rapidly to get the work done without having a chance to read it properly or possibly even refer it to my insurers first for their approval .

Does anyone know where I can see a copy of the standard indemnity wording that I.W. use for the first fix scheme ?
 
Can you ask them to supply a copy? I'd be very interested in seeing the details. From the media reporting, the indemnity is just to prevent a homeowner suing IW for damages caused by the leak until such time as they get around to fixing it. So it's just confirming the status quo that the homeowner is responsible for any damage caused by a leak on their own property. That doesn't sound unreasonable, but I would like to see the terms to be sure.

Have you been able to identify where the leak is?
 
Also read that re the media reporting. My question is why Irish water would antagonise people and have them sign a form if all it does is confirm the already existing legal position. I suspect there is more to that form than may appear at first.

Good advice to get the form and read in detail. See what else is in there. Don't even dream of signing the form, or indeed any document, without reading it fully. If you don't understand give it to someone who does and can advise.
 
Provided there's nothing else hidden in there (and there has been nothing in the media or online over the months this has been in place to suggest there is), it's not that much antagony to a reasonable person, but to those committed to frustrating Irish Water in any way possible, the alternative could tie them up in very expensive litigation. And litigation can have unexpected, and expensive consequences.
 
Thanks for the replies.

Since posting I e-mailed the regulator at info@cer.ie. They promptly e-mailed back two pdf documents with piles of details. The first fix document runs to about 64 pages and incorporates the various indemnity type forms. I have to download them later as I am having an I.T. hiccup at present.

The leak is not yet located. I did all the various checks and then some. It is 99% probable it is between the front door and the I.W. stopcock. I notified I.W. of the leak not the other way around via their leak alarm system ! I discovered the leak because I could hear it in the house through the incoming water main pipe.

The procedure here is that if I.W. admit the leak to the first fix scheme you sign the indemnity form before the contractor starts work. My worry is that if something goes wrong I might be in bother with my household insurers as they tend to exclude public liability type claims if the liability has been assumed under contract unless the liability would have existed anyway. Imagine trying to argue the latter point with your insurer.
 
There's nothing they can ask you to sign that would invalidate you public liability cover. They can only prevent you from asserting that they accept liability for any issue caused by this leak to someone else before they come to fix it.
 
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