Sorry me again, asking more advice about what the builder has to pay for.
We have supplied the bath for our main bathroom as we are doing all the plumbing and preferred to also supply all the pc items. Monday the painter painted around the bathroom window and stood in the bath to complete the work...and cracked it. Now we didn't see him do it, but since plumbing work was done on Sunday and no other trades except the painter have been in the bathroom we can only assume it was the painter as the bath was in tact on Sunday (we know what they say about assume )
There are two clauses I could find in the contract that relate to our bath issue:
1. 24.5 Notwithstanding subclause 14.5, all materials and goods supplied and work carried out by the owner or the owner's contractors on the site are at the risk of the owner.
this suggests its our problem and we have to pay for the new bath.
Then I found this one.
2. 14.5 The builder is not liable for any liability, loss, claim or proceeding in respect of any property placed on the site without the builders written approval.
So, is a variation that we've signed - for a credit for the bath as owner is supplying the notice is writing?
I'm guessing we have to pay for the new bath, but thought I would ask incase anyone else had this problem and got a different result.
cheers