UK Property Law
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The plumber is in breach of the Consumer Rights Act 2015 if the work was carried out after last October.
He has failed to carry out the job with reasonable care and skill and he is also in breach of contract.
You should write to the plumber giving details of how much this has all cost and asking for details of his insurance company. If he has no insurance, then you will have to sue him personally if he will not pay up.
You may also have a claim against the managing agent if you can prove that they employed someone who was incompetent.
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It just means that it’s a different piece of legislation. It’s the earlier act which Is the Supply of Goods and Services although the breach provision is exactly the same.
The cost of the repairs are not your fault and they should either go through the buildings insurance or come from the plumbers insurance.
You don’t need to prove incompetence, the legal maxim Res Ipsa Loquitur applies. “The thing speaks for itself”. The plumber did the job and screwed it up. It caused all these problems and hence, he has been negligent.
If he didn’t have experience of working on this particular piece of equipment, he shouldn’t have touched it.
1& 1a… Yes, and then you direct your claim against the plumber you bring in as an additional defendant
2 the agent may be able to rely on the law of agency in that the agent was acting on your authority and therefore escapes liability on the basis that he was in effect your alter ego. However, that’s for them to argue and plead not for you to mention to them. Let them try to use.
3 if the plumber is a man of straw, you can ultimately bankrupt him or have him paying over a period of time.
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