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Discuss Is lack of tanking plasterboard enough to force redo of job? in the UK Plumbers Forums area at Plumbers Forums

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Hi all - apologies in advance for the essay.

Posted a week or two ago about a botched shower job and had some really helpful replies (tray installed too far back so enclosure is too big for tray and overhangs it; plasterboard also sitting on top of tray rather than tray being butted to boards which go down the edge of the tray).

I'll ask my question right now in case you don't want to read my monologue below. I understand since 2018 building regs say plasterboard in a shower area has to be tanked before tiling. I'm pretty sure (though not certain) that this wasn't done in my case. Do you know if the building regs make this mandatory (or mean that the 'reasonable care and skill' requirement of the Consumer Rights Act hasn't been met if not done)? Because the fitter is pushing back on what needs to be done to rectify the situation, I thought this may the easiest way to justify starting from scratch (I haven't raised the tanking point before as I've only just looked into it). There is currently some missing drywall exposing the plasterboard with doesn't look/feel tanked (photo included) and I can see where it goes behind the tiles and it doesn't look tanked there either (but the tile adhesive makes it difficult to see).

I outlined all the issues to my fitter (again, except the tanking) and he said he'd 'work some things out and get back to me'. Interesting that he didn't even ask to come over and inspect the issues I'd raised, or even see photos (most of the work was done by two employees who he later told me he'd sack as they kept botching jobs - but insisted mine had been done right...)

Anyway I chased him twice more last week and he kept saying he was still working things out, so finally yesterday I got tougher with him and he said he would refund me £500 for someone else to sort it (I assume because he hasn't got the staff now) which he claimed would be more than enough to rectify it. I asked him to clarify what he saw rectification involving as I thought it would need doing from scratch and £500 wouldn't be enough. He then suddenly changed tactic and said he would come and 'move the tray'. I said I didn't think it was as simple as that as tiles needing removing etc (I assume he envisaged some method of moving the tray forward without disturbing tiles and keeping the plasterboard resting on top - he isn't a tiler and outsourced that part of the job).

I suggested that I get some quotes to rectify the issue and we take it from there and he suddenly changed personality (or showed his true colours) and told me he wouldn't be held responsible for that (even though his £500 offer for someone else to sort it was apparently 'more than enough' - so if he's right why is getting quotes a problem?). He also refused to respond to my points that I felt more invasive action was required and he said 'you're not a tiler or bathroom fitter so it's irrelevant what you think.' I thought as the customer what I think does matter but I guess not...

Anyway long story short I kept pressing him on HOW he intended to fix the issues and what his response was to the specific problems I'd listed, but he wouldn't it got heated (I probably inflamed the situation by telling him I didn't trust him any more to fix it competently, but when he said my concerns were irrelevant I was agitated). The possibility of the county court came up (but I did say I didn't want to go down that road) and he said he wouldn't communicate with me any more and it would have be via solicitors. So obviously this has reached an awkward impasse.

I thought my next move should be to get some other tradesmen to confirm what's gone wrong and quote me to rectify it, and then write to him asking for that sum or giving him one more chance to fix it (I don't want to offer the latter option as it would be an extremely awkward encounter but I suppose I'll have to).

Grateful for any advice. I know I've probably been too trusting/naive throughout this process so be gentle :)
 

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Luckily I said I'd leave one after the works were done (and I still haven't done so) but I definitely should have seen a red flag there. I can be so naive...
Under no circumstance leave him a review positive or negative if you intend to take him to Court. Judges don't like cases that have already been argued in public. You're at risk of taking this all too personally. Get the work redone by someone competent. Claim the costs from the original contractor, which may be more than he actually charged you but he can still be liable in some circumstances. Enjoy a nice shower in your new bathroom and move on.
 
Under no circumstance leave him a review positive or negative if you intend to take him to Court. Judges don't like cases that have already been argued in public. You're at risk of taking this all too personally. Get the work redone by someone competent. Claim the costs from the original contractor, which may be more than he actually charged you but he can still be liable in some circumstances. Enjoy a nice shower in your new bathroom and move on.

Oh no I'm not intending to leave a review before going to court (if it came to that), until this is all finalised any review wouldn't tell the full story anyway.
 
Can you not contact the original installers insurance company.
It may be an easier task than going to court.

They may just pay you a sum that they deem will be sufficient to cover the costs of the defective works.

No matter which way you go, you will never recover the full costs, it may be worth trying to get as much as you can and put the losses down to experience
 
Can you not contact the original installers insurance company.
It may be an easier task than going to court.

They may just pay you a sum that they deem will be sufficient to cover the costs of the defective works.

No matter which way you go, you will never recover the full costs, it may be worth trying to get as much as you can and put the losses down to experience

Well, I've sent him a letter before claim today asking for a refund within 14 days. Hopefully I won't have to make a claim but we'll see. I did also say I was willing to consider mediation/ADR

He's a sole trader so is personally liable so we'll see what he comes back with.
 
Well, I've sent him a letter before claim today asking for a refund within 14 days. Hopefully I won't have to make a claim but we'll see. I did also say I was willing to consider mediation/ADR

He's a sole trader so is personally liable so we'll see what he comes back with.

But if he has no assets of value then you are limited with how much you will be able to recoup.
 
Persistence is the key here don't get fed up and think your getting know where and give in , you've sent the letter now plan your next move always keep copies of everything and a diary of contact between yourself and the contractor or a third party once court proceedings kick in , its not nice being taken for a fool and any reputable plumbing contractor would not treat you this way. Kop
 
Hi all, just a positive update on this. Following my pre-action letter requesting a full refund, the fitter responded with a pretty laughable offer, then a higher one before I finally got him to agree to an even higher one which is almost all of my money back. I do get to keep the enclosure which is probably still usable and it avoids the court fees too. So I'm happy.

Thanks so much for all of your advice - I've made sure the next trader has better credentials and I'll be keeping a close eye on the works!
 
Hi all, just a positive update on this. Following my pre-action letter requesting a full refund, the fitter responded with a pretty laughable offer, then a higher one before I finally got him to agree to an even higher one which is almost all of my money back. I do get to keep the enclosure which is probably still usable and it avoids the court fees too. So I'm happy.

Thanks so much for all of your advice - I've made sure the next trader has better credentials and I'll be keeping a close eye on the works!
Glad you got a result . Regards Kop
 
When you have building work done, you are protected under either the Consumer Rights Act or the Supply of Goods and Services Act 1982, depending on when the work was undertaken. Under this act any building or decorating work should:
  • Be completed with sufficient care and skill
  • Be completed within a reasonable time or within an agreed time
  • Use materials which are ‘fit for purpose’
  • Use materials which have been described/agreed (i.e. specific makes/models with all promised features).
Your rights

If the building work is substandard, you have the right to have:

Faulty items repaired or replaced (builder’s choice) Any poor workmanship put right Any consequential damage to your property repaired. How to claim
1. Contact the tradesman

In the first instance you have to give the builder or tradesman the opportunity to put right any damages. You cannot simply get a new contractor in to repair the situation and then claim back the cost.


As soon as you are aware of a problem, you need to contact the builder and explain the situation. Any conversations re the issue should also be documented in a follow up letter which:


  • Confirms the problem
  • Agrees the course of action
  • Set timelines.

Builders may try and fob you off with their busy diary. However because they have breached their contract any remedial work they carry out for you should be a priority.


Other builders may look to blame time restraints for the poor workmanship. This is not a valid excuse; a tradesman should not agree to a timeframe if they are unable to carry out the work to an adequate standard.

2. Agree terms and fix deadlines

If the builder agrees to fix the problem, confirm what this will entail, when the work will start and when it will be completed.


If they fail to show up on the agreed date, contact them again and restate the agreement, making it clear that if they fail to turn up again or meet the agreed deadline you will employ another contractor and be claiming back the cost from them. Include quotes and estimates from other builders.


Remember to document everything that is said and agreed and warn the builder you will take them to court if necessary.

3. Consumer Ombudsman and Small Claims Court

If a builder fails to respond or doesn’t complete the repairs on time or to a satisfactory standard for a second time, then it is time to contact the Consumer Ombudsman.


The Consumer Ombudsman deals with consumer complaints which do not have its own specific ombudsman scheme, focusing predominantly on retail, home improvements and maintenance, installation and car repairs.


The Ombudsman will then try to help facilitate a resolution to the problem. If the builder is willing to work with the Ombudsman, the aim is to reach an agreed solution within 10 days. If they do not comply you will be advised what to do next. This typically involves taking your case to the Small Claims Court.


The Small Claims Court deals with claims worth less than £10,000. If your case is worth more than this you will need to seek legal advice.


For cases involving inadequate building work there are a number of pieces of evidence you may wish to collate prior to going to court including:


  • Photographs of the poor workmanship
  • A professional third party report reviewing the work
  • Quotes and receipts for any subsequent work carried out by another builder
  • Any correspondence between you and the original builder re job details/deadlines etc.

If, after all this, the builder is still uncooperative, you will need to start court proceedings.
 

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