Browse Forums Building A New House Re: Is our builder responsible for scratches to our kitchen? 3Mar 22, 2014 11:33 am The SS and us noticed the scratching just after the clean, there was no damage prior, the scratches are irreparable and are in a pattern consistent with cleaning motions. Builder says it's our fault for taking off the plastic protective coating early, but it occurred at final clean day, who leaves the coating on during the clean, it's just broken my heart to see our 40,000 kitchen damaged. Re: Is our builder responsible for scratches to our kitchen? 4Mar 22, 2014 11:53 am FYI you should not start multiple threads on the same topic, but minor issue compared with what you are dealing with. Are the finishes laminate or two pac. If two pac they should be able to buff out. I would still take it up with the builder. I am baffled why cleaners would use a scotch bright or similar material to remove what should only be dust. I really feel for you as the cleaners nowadays are simply garbage. I think I will ask my builder to credit what he would pay the cleaners and my wife and I will do it. Re: Is our builder responsible for scratches to our kitchen? 5Mar 22, 2014 4:58 pm If your SS is willing to back you, you should be on a winner. I'm not sure why you took off the protective coating though???? Should probably have left that to the builders and then there'd be no doubt about who did what. Re: Is our builder responsible for scratches to our kitchen? 7Mar 22, 2014 10:41 pm AussieMark FYI you should not start multiple threads on the same topic, but minor issue compared with what you are dealing with. Are the finishes laminate or two pac. If two pac they should be able to buff out. I would still take it up with the builder. I am baffled why cleaners would use a scotch bright or similar material to remove what should only be dust. I really feel for you as the cleaners nowadays are simply garbage. I think I will ask my builder to credit what he would pay the cleaners and my wife and I will do it. It's vinyl wrap laminate, my guess is they use a dry cloth which acted as sand paper with the course dust. Sorry about the double topic, I didn't think the first on worked then repeated it, I'll delete the other one. I'm new to forums, bit naive Re: Is our builder responsible for scratches to our kitchen? 8Mar 22, 2014 10:58 pm Althom If your SS is willing to back you, you should be on a winner. I'm not sure why you took off the protective coating though???? Should probably have left that to the builders and then there'd be no doubt about who did what. I'm doubting SS will, jobs are scarce ATM, he would be risking his job. The cabinet maker we employed to install it took the coatings off, the build took so long that the plastic cover had to be removed or it would have stuck, and been too hard to remove. The SS gave us his assurance no harm would come to the kitchen, but as I see it, if the builder claims to have no responsibility for it then why would he let his contractors touch it, it's just ludicrous. I've just spent all day cleaning two rooms after those cleaners, they are the worst I've ever come across, supporting my complaint I would say. Cheers for your advice. Re: Is our builder responsible for scratches to our kitchen? 9Mar 22, 2014 11:01 pm trambay The cleaner should have insurance, if you can proof they did it, they can claim insurance. Not sure how much proof I need, the scratches weren't there, then same day an hour after cleaners they were scratched, the pattern of the scratches is in a cleaning circular pattern and more so around the handles. I just don't know what I can do, the builder is tight as. Re: Is our builder responsible for scratches to our kitchen? 10Mar 23, 2014 7:40 am If you haven't taken handover, they're still responsible regardless in my eyes. It has happened whilst the house is still in the builders care. Who they go after to get recompense is their problem. Re: Is our builder responsible for scratches to our kitchen? 11Mar 23, 2014 9:31 am Your building contract will be your best guide. Typically a builder will take no responsibility for 'owner supplied' materials, regardless of the cause of damage. Some builders insist that the owner individually insures these items? You don't happen to have insurance do you? Re: Is our builder responsible for scratches to our kitchen? 12Mar 23, 2014 9:51 am seano If you haven't taken handover, they're still responsible regardless in my eyes. It has happened whilst the house is still in the builders care. Who they go after to get recompense is their problem. Thanks, that's the way we see it too. The scratches were identified same day as PCI, prior to handover. The clause in the contract the builder is using against us states... The performance and protection of the owners works are the full responsibility of the owner. But in our case, the performance was perfect and fully protected during the entire construction, it wasn't until final cleaning of the house day of PCI that the kitchen was damaged. Am I correct in my argument that if the builder claims absolutely no responsibility for our kitchen then why did the builder directly take responsibility for cleaning it? I think it's a valid question. Re: Is our builder responsible for scratches to our kitchen? 13Mar 23, 2014 9:56 am D_rail Your building contract will be your best guide. Typically a builder will take no responsibility for 'owner supplied' materials, regardless of the cause of damage. Some builders insist that the owner individually insures these items? You don't happen to have insurance do you? Yes we took out contents insurance mid build, but we couldn't insure building until PCI according to the rules as you apparently can't insure a building until it is legally yours. Plus how can our insurance cover builders incurring the damage. Do our insurer sue the builders insurance, it's all too hard to comprehend. If anyone has experienced the typical lack of care and quality builders provide then it's common knowledge without suing them they just get away with it due to their contracts worded in such a way as to protect them over the owner, that's how it appears anyway. Re: Is our builder responsible for scratches to our kitchen? 14Mar 23, 2014 10:17 am We had the facia of our stove replaced as it had been scratched in the clean. But - you have a "he said / she said" thing. Good luck. Re: Is our builder responsible for scratches to our kitchen? 15Mar 23, 2014 9:08 pm I would be pushing the builder for compensation. You might need some legal advice. I would be arguing that you are responsible in the event of something like a fire, theft, earthquake, storm etc. In your case, the kitchen was damaged by the builders cleaner prior to the house being handed over to you. If your SS agrees that it was happened, then they have admitted liability. There might be some law which compels them to compensate you, eg common law negligence might override the contract. Failing that, then you could try and lodge a claim against the cleaner directly but you'd need the builder to give you their details. Good Luck. Re: Is our builder responsible for scratches to our kitchen? 16Mar 23, 2014 11:38 pm Saint Mike We had the facia of our stove replaced as it had been scratched in the clean. But - you have a "he said / she said" thing. Good luck. Was your facia part of your builders inclusions or your own work outside the build quote? Re: Is our builder responsible for scratches to our kitchen? 17Mar 23, 2014 11:40 pm Building the Dream I would be pushing the builder for compensation. You might need some legal advice. I would be arguing that you are responsible in the event of something like a fire, theft, earthquake, storm etc. In your case, the kitchen was damaged by the builders cleaner prior to the house being handed over to you. If your SS agrees that it was happened, then they have admitted liability. There might be some law which compels them to compensate you, eg common law negligence might override the contract. Failing that, then you could try and lodge a claim against the cleaner directly but you'd need the builder to give you their details. Good Luck. That makes sense, thanks, I will be getting legal advice I think, the builder has a reputation of these types of things, that should at least help in our defense also. Re: Is our builder responsible for scratches to our kitchen? 18Apr 29, 2014 7:26 pm Hi rlogikal How did you go with this? 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 20426 |