Browse Forums Building A New House 1 Jan 27, 2011 2:07 pm 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 our dream home in the hands of a nightmare builder Cheers for your help Re: they broke our bath...do they pay for it? 2Jan 27, 2011 2:17 pm I'd be asking the builder to flip the bill. He would have to replace it it he supplied it. If he has an issue, dock the painters pay they broke our bath...do they pay for it? 3Jan 27, 2011 2:36 pm I would think unless you get on really well with your builder you will have to wear it. We supplied our own PC items as well as the kitchen and laundry benches & cupboards. These were all at our own risk. We had to risk something happening to them as our own choice. Unless you physically saw the person break it then you don't have a legal leg to stand on. Even then you would have to get that person to fix it not the builder. Some things are worth waiting for. Re: they broke our bath...do they pay for it? 4Jan 27, 2011 2:56 pm Proving who did it is the issue, they can't simply wipe their hands of a "duty of care" with clauses in a contract... Ed "ECOECO" At 'EcoEco', we design windows, we design the best windows, we do it for you, so that when you’re happy we are happy. Tel. 1800 326 326 Re: they broke our bath...do they pay for it? 5Jan 31, 2011 2:31 pm I'm surprised the bath cracked just because someone was standing in it. It seems the bath might have preexisting damaged before the painter stood in it. Prehaps you could get a new one with the warrenty Re: they broke our bath...do they pay for it? 6Jan 31, 2011 2:34 pm batman I'm surprised the bath cracked just because someone was standing in it. It seems the bath might have preexisting damaged before the painter stood in it. Prehaps you could get a new one with the warrenty yeah you should be able to stand in a bath.. how else would you get in and out? So I agree.. go back to the manufacturer of the bath. Re: they broke our bath...do they pay for it? 7Jan 31, 2011 3:00 pm I was taking it as being he was supposedly standing on an edge of the bath and cracked it? But yep if it was in the base of the bath then go for a warranty. A lip or edge of the bath probably on the other hand may not be covered as you tend to step "over" them rather then on them. Some things are worth waiting for. Re: they broke our bath...do they pay for it? 8Jan 31, 2011 3:25 pm razydog and stood in the bath to complete the work... unless you made a typo then it was in the bath.. so go for warranty. Re: they broke our bath...do they pay for it? 9Jan 31, 2011 3:33 pm our pc item our problem. Who ever did it doesn't even have the balls to say 'oh sorry'. But then again you wouldn't expect a bath to break, after all you have to stand in it before you sit in it when you use it. Packing underneath checked and is fine, so looks like a fault with the bath, we are having it repaired on Friday our dream home in the hands of a nightmare builder Cheers for your help Hi Mofflepop, I would recommend finding a building designer to prepare plans, they should design to your specified budget. The benefit is you can tender the project out… 9 20432 Bathroom renovation will likely include a back-to-corner bath and we’re considering a freestanding tap with hand-held shower such as the picture included. My hesitation… 0 24697 2 4498 |