who is liable for damage

[eeww]

HI All,

I have a bit of an issue at hand. The story goes like so, This customer wanted me to take on the works to supply and fit a kitchen and redecorate a full house. In the end he only gave me the works for the supply and fit of the kitchen and gave the decorating job to some other guys to whom I might know that they don't have the best reputation. After advising a number of times to the customer I gave up as he thought it was to much of a bargain to keep the other contractor. I fitted my kitchen and the agreement was for after I finish I call him he inspects and make payment. Once I call him he tells me he cant make it and rearranges for another day. I took some pictures and left some plinths for me to finish as a bit of a protection to get back in the property so we can inspect together.

The day of inspection I enter the kitchen and found a deeeeep! scratch on one of the doors, the only contractors with access to the house where the painters and me. After some discussions the admit they must have caused the damage and told me to fix it and they will pay me. The customer acknowledges all this and pays me in full and I shall schedule a day to come and fix the unit door for the painters.

After some days pass I try to contact the painters without success. Than the customer contacts me saying that the painters have jacked leaving unfinished work damage all over and he has lost money. He now demands that I either replace or refund him for the damaged unit door.

I explained that it was his cowboy painters and not my liability but he insists its my fault.

WHO WOULD BE RESPONSABLE?

 

[Heat]

Painters admitted they were probably responsible?
Customer accepted that?
Customer paid you in full?

Have you any evidence of that?
Witnesses or better with written proof? Text or email messages or letters?
Photographs of last day you finished showing that door unmarked?
If you have, just explain to customer you need a small payment for new door or repair.
What would the repair or new door cost you though?
Often best a goodwill gesture if it doesn’t cost you much, but keep it in writing that you are repairing damage caused by other people as a goodwill to help your customer

 

[Heat]

My answer to whom is responsible for the damage is obviously the painters, but also the customer has to take responsibility for his chosen trades unrelated to your kitchen work, so really your issue is with your customer

 

[eeww]

Thank you for the replies.

I wanted to just have a bitt of reassurance as I know its not my liability. As per the customer, to be honest I don't want to carry on doing business with him as his actions are a bit cheeky and malicious. He just wants to recoup some money lost from his dealings with the other contractor.

T

he unit door was a drawer line that I hade to cut and edge so a bit of labour is involved plus the collection and drive to the property.​

The most I could offer him was a good will gestor to give the labour for free but he wants it all as he insists its my fault.

 

[Heat]

Thank you for the replies.

I wanted to just have a bitt of reassurance as I know its not my liability. As per the customer, to be honest I don't want to carry on doing business with him as his actions are a bit cheeky and malicious. He just wants to recoup some money lost from his dealings with the other contractor.

T

he unit door was a drawer line that I hade to cut and edge so a bit of labour is involved plus the collection and drive to the property. ​

The most I could offer him was a good will gestor to give the labour for free but he wants it all as he insists its my fault.

In fairness to the customer, he did pay you, so at least he didn’t mess you about.
Have you any proof of the painters admitting liability or the customer agreeing it wasn’t your damage?
Small Claims Courts tend to judge only on evidence and might look on it that you left the job with a damaged door if you can’t provide evidence. Customer could just lie.
This is where text or emails can be useful as evidence. Photo evidence also great

 

[eeww]

Painters admitted they were probably responsible?
Customer accepted that?
Customer paid you in full?

Have you any evidence of that?
Witnesses or better with written proof? Text or email messages or letters?
Photographs of last day you finished showing that door unmarked?
If you have, just explain to customer you need a small payment for new door or repair.
What would the repair or new door cost you though?
Often best a goodwill gesture if it doesn’t cost you much, but keep it in writing that you are repairing damage caused by other people as a goodwill to help your customer

I have pictures of the kitchen in perfect condition as I left it and have showed the customer. The rest was done all in a quick conversation on the spot as I said ''Look only two contractor have been in the property and it is obvious what happened, accidents happens and I am happy to get payed to return and fix it'' which the painter agrees all.

 

[Heat]

I have pictures of the kitchen in perfect condition as I left it and have showed the customer. The rest was done all in a quick conversation on the spot as I said ''Look only two contractor have been in the property and it is obvious what happened, accidents happens and I am happy to get payed to return and fix it'' which the painter agrees all.

Photos are good evidence. Obviously the date and time of day will be on your phone.
Personally I would have a friendly chat with your customer and agree to sort it at a reduced upfront cost.
My other half got a kitchen installed in her new build holiday home (by the builders kitchen company) and one of the doors later had a tiny chip in middle. I reckon it was the painters the builders used who did it. Accidents happen obviously.
It could have been touched up with a dab of suitable coloured paint, but the kitchen company replaced the door later when doing extras.

 

[Heat]

I have pictures of the kitchen in perfect condition as I left it and have showed the customer. The rest was done all in a quick conversation on the spot as I said ''Look only two contractor have been in the property and it is obvious what happened, accidents happens and I am happy to get payed to return and fix it'' which the painter agrees all.

A lesson to you with this is with any verbal communication you should later text the person to repeat the conversation. That way you have a written record of conversation should they reply.
You could have texted your customer to say - “ Has the painter paid you for the damage they caused to your new kitchen door? I want to replace/repair it soon for you.”
If they replied that painter hadn’t paid them, that alone would indicate the customer agreeing to your statement

 

[eeww]

A lesson to you with this is with any verbal communication you should later text the person to repeat the conversation. That way you have a written record of conversation should they reply.
You could have texted your customer to say - “ Has the painter paid you for the damage they caused to your new kitchen door? I want to replace/repair it soon for you.”
If they replied that painter hadn’t paid them, that alone would indicate the customer agreeing to your statement

Yes you are right.​

I did recommended the customer to withheld the amount from their invoice as I do not trusted them. I would rather do the works and get payed by him but this was all on the spot in a chat
Its always better to have a paper trail. Unfortunately this has to be applied to even to most obvious of things as you can never trust people turning around dodgy on you.

 

[jonathanc]

The fact that you have evidence of a completed job and payment in full will mean it very hard for the customer to pursue you. Small claims court will assume rightly that in paying in full the customer was happy as any reasonable person would retain an amount if there was damage. Whoever’s liability it is, it’s not yours

 

[koolpc]

Good for you that you took pics..