Dispute over restoration work

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  1. #1
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    Default Dispute over restoration work

    Basically being screwed over by an ex friend. Helped him out by organising a reno of bathroom. I am a carpenter. Used a plumber for the plumbing. Wasfound a few days after it was done to be leaking. I offered three alternative plumbers to rectify the situation. Long story short they chose their own plumber. Found out the company used has been deregistered for the last two years. They are taking me to the tribunal to be reimburssed for restoration work. The reason for the restoration work was not of my own faulty work but that of the plumber. And the company used is no longer allowed to trade. Will I have to pay them personally? What are your thoughts?!

  2. #2
    Hammer Head - 1K Club Member
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    whats in the contact,

    how long did they give you to fix it,

    did you pay plumber or them direct,

  3. #3
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    I would also be wondering who they paid, you or the plumber, since the contractual arrangement will be important as to liability. In fact, was there any contract at all?

    Situations like this can be truly messy, I wish you all the best with it.
    I am not responsible for anything that Moondog says!

  4. #4
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    The answer may lie in the 'long story short' bit.

  5. #5
    Soldiers Earned Your Right To Free Speech watson's Avatar
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    Quote Originally Posted by Chipelms View Post
    Basically being screwed over by an ex friend. Helped him out by organising a reno of bathroom. I am a carpenter. Used a plumber for the plumbing. Wasfound a few days after it was done to be leaking. I offered three alternative plumbers to rectify the situation. Long story short they chose their own plumber. Found out the company used has been deregistered for the last two years. They are taking me to the tribunal to be reimburssed for restoration work. The reason for the restoration work was not of my own faulty work but that of the plumber. And the company used is no longer allowed to trade. Will I have to pay them personally? What are your thoughts?!
    Just trying to clarify which lot of Plumbers had been deregistered......the plumber you got them, or the Plumber they got. (I know....I'm slow)

  6. #6
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    Seeing your a carpenter & not a builder then your not able to contract the whole project, they are the builder engaging the trades & probably holding moneys from you for their lack of understanding of the laws & chain of responsibility.
    regards inter

  7. #7
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    Quote Originally Posted by Chipelms View Post
    Basically being screwed over by an ex friend. Helped him out by organising a reno of bathroom. I am a carpenter. Used a plumber for the plumbing. Wasfound a few days after it was done to be leaking. I offered three alternative plumbers to rectify the situation. Long story short they chose their own plumber. Found out the company used has been deregistered for the last two years. They are taking me to the tribunal to be reimburssed for restoration work. The reason for the restoration work was not of my own faulty work but that of the plumber. And the company used is no longer allowed to trade. Will I have to pay them personally? What are your thoughts?!
    You need to look at the written contract (or verbal contract). The starting point is to establish whether there indeed is a contract. For a contract to exist there must be all of the following:

    1. Intention to create legal relations
    2. Consideration in the form of money (and it may be nominal value)
    3. Acceptance of the terms.

    If there is a contract then, and only them do you turn to look at the terms of same.

    When looking at the terms the contrapreferendum principal applies which means that the terms are interpreted against the person relying on them... Be careful here.

  8. #8
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    inter has hit the nail on the head i reckon. was there any permits involved? who made the applications?
    either way, i can't see how a carpenter can be held responsible for a plumbers mistake.
    hope this helps!

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