Browse Forums Renovation + Home Improvement 1 Dec 06, 2021 1:47 pm Hi all, General question - if I or a contractor damages existing flooring then obviously we are required to make this good. Can I specify that I can use my preferred people to make the repairs or am I required to submit to the client's choice? I know I can specify this in the contract T&Cs but was wondering what the legal requirement was. Damage to flooring - liabilities and costs 2Dec 06, 2021 3:22 pm mhlangensiepen if I or a contractor damages existing flooring then obviously we are required to make this good. Can I specify that I can use my preferred people to make the repairs or am I required to submit to the client's choice? I know I can specify this in the contract T&Cs but was wondering what the legal requirement was. I believe legally you can specify anything you like, but it is not a binding contract until there is a fully-informed acceptance of your offer by the other party. Therefore, once they understand what your are wanting to include, they might negotiate adjustments to the contract provisions, or they might walk away altogether. Whatever you do, don’t try and sneak anything into a contract that leaves you open to a legal challenge down the road - just be honest, negotiate in good faith and both sign knowing what you are agreeing to: that is how you start a good relationship. Re: Damage to flooring - liabilities and costs 3Dec 06, 2021 4:25 pm arcadelt mhlangensiepen if I or a contractor damages existing flooring then obviously we are required to make this good. Can I specify that I can use my preferred people to make the repairs or am I required to submit to the client's choice? I know I can specify this in the contract T&Cs but was wondering what the legal requirement was. I believe legally you can specify anything you like, but it is not a binding contract until there is a fully-informed acceptance of your offer by the other party. Therefore, once they understand what your are wanting to include, they might negotiate adjustments to the contract provisions, or they might walk away altogether. Whatever you do, don’t try and sneak anything into a contract that leaves you open to a legal challenge down the road - just be honest, negotiate in good faith and both sign knowing what you are agreeing to: that is how you start a good relationship. Good points and yes, we always try and maintain a good relationship. However, we seem to be catching Entitlement as a nation (I blame the Yanks) and some people seem to think that a scratch on the floor justifies a whole new hardwood floor rather than a sand, refinish and buff. Also I know that regardless of our T&Cs, many courts will pretty much side with Joe Public regardless of the conract and it can therefore become quite expensive to go further. Thanks for your input. Re: Damage to flooring - liabilities and costs 4Dec 06, 2021 5:17 pm mhlangensiepen …regardless of our T&Cs, many courts will pretty much side with Joe Public regardless of the conract and it can therefore become quite expensive to go further. Firstly, I doubt that would be the case if it can be proven they were fully informed and signed the contract understanding what they were signing. Secondly, legal action is expensive and time consuming, and I doubt "Joe Public" have the means or inclination to take such action knowing they could end up having to pay costs on both sides if their litigation turns out to be frivolous or vexatious. I am "Joe Public" and I know I would never take legal action in favour of negotiating a reasonable settlement or maybe, just maybe, enter into mediation. Re: Damage to flooring - liabilities and costs 5Jan 04, 2022 5:38 pm You have the right to use your own preferred installer rather than the clients, you did the damage you have the right to repair. If there was a dispute over the quality of the repairs then you would need to assess them against the Standards & Tolerance Guide, if outside the guide then it would need to be redone. The other way is to get your guy to Quote the works and enter into a Deed of Release, where you pay the owner an amount and they do or don't do the repair and its on them. You would generally settle somewhere above your amount and below their amount. This would only be required if you believe you wont meet the expectation of the client level of acceptance of repair. We are Expert Consultant's, and we are here to help. I thought this would be a popular question but I haven't been able to find any similar posts. Perhaps I'm wording my searches wrong? When you have car insurance and the… 0 6615 there was an event. The question is whether the builder had the insurance and whether the event was covered. The workmanship is a separate conversation. 10 23739 DIY, Home Maintenance & Repair The workmanship is lifetime guarantee by "the insurer", not the builder. They will of course ask the initial builder to rectify and if they don't they will appoint… 7 5049 |