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Hi I need a bit of guidance/confirmation on what is the next best course of action please.
Long story short etc. we had a conservatory installed in early 2011, it took over 5 months to complete (we did say we weren’t in a rush but….). During the building of the base both the cement floor and the brickwork mortar was damaged by frost. The brickwork was re pointed twice in the next 12 to 18 months as both time the re pointing fell out.
It became apparent that it was our responsibility to finish off the floor with tiles/carpet etc We called in a specialist tile fitter who turned down the job saying the floor finish was nowhere near good enough to lay tiles on and it would take a considerable amount of work to get it to that point and on that basis we should go back to the installer. At this point I must say the tile fitter was someone who I worked with some years beforehand and that he was also asked quite often by the Conservatory installer to do work for him so he didn’t want to get involved between the two of us.
I went back to the installer and he offered for an additional sum for labour to level the floor and fit any tiles etc but we had to supply the tiles, grout & adhesive. I purchased all this from the local Focus branch weeks before they closed.
Late last year I noticed a grey line above the tiles on the UPVC frame and on investigation it seemed (no expert opinion yet sought), that the whole floor slab had dropped/settled and this line was the witness mark showing the original grout line/level. I then found that all the tiles along one edge sounded hollow and at least two were loose. Fearing a major structural problem I called the installer back who disagreed with my theory but said he would rectify the problem by lifting the hollow ones and refitted them again, this he did except the fitter broke 3 tiles.
The installer spent some time, allegedly, trying to find matching tiles and a two weeks before Christmas 2014 I contacted them and said whatever the situation was don’t worry about sorting the job before Christmas as we had the place decorated for the Xmas period. Two days later I had a phone call that they wanted to complete the job before Christmas, much to my annoyance I OK’d it. We were out when the fitter arrived (he was delayed by the M1 being closed) we agreed to leave it open for him to complete the job, we returned just as he was leaving. When we looked at his work the 3 new tiles were a different colour and size as was the grouting and as they are on the outside edge we cannot cover them with a mat/rug.
I complained to the installer he came and looked said the fitter and his office should have told us about the difference but if we could locate matching tiles he would fit them FOC despite the fact he didn’t feel it “was his problem”. For about 3 months now I have tried to match the tile with no luck.
I wrote to him claiming damages under the Sale of Goods & services act 1982 suggesting one of two rectifications. The tiles removed and the whole floor retiled at about £600 plus materials or the fitting by a local specialist (rather than his staff) of a reasonable quality wood laminate floor over the tiles at just under £400 inclusive. I gave him 14 days to reply (from the 19th May) and heard nothing.
I have photographic evidence of all the problems etc after all the above what now? County court, Trading Standards and if so do I have a case to claim a complete new floor because of his employee’s damage?
Sorry it a long one any advice would be appreciated.
Long story short etc. we had a conservatory installed in early 2011, it took over 5 months to complete (we did say we weren’t in a rush but….). During the building of the base both the cement floor and the brickwork mortar was damaged by frost. The brickwork was re pointed twice in the next 12 to 18 months as both time the re pointing fell out.
It became apparent that it was our responsibility to finish off the floor with tiles/carpet etc We called in a specialist tile fitter who turned down the job saying the floor finish was nowhere near good enough to lay tiles on and it would take a considerable amount of work to get it to that point and on that basis we should go back to the installer. At this point I must say the tile fitter was someone who I worked with some years beforehand and that he was also asked quite often by the Conservatory installer to do work for him so he didn’t want to get involved between the two of us.
I went back to the installer and he offered for an additional sum for labour to level the floor and fit any tiles etc but we had to supply the tiles, grout & adhesive. I purchased all this from the local Focus branch weeks before they closed.
Late last year I noticed a grey line above the tiles on the UPVC frame and on investigation it seemed (no expert opinion yet sought), that the whole floor slab had dropped/settled and this line was the witness mark showing the original grout line/level. I then found that all the tiles along one edge sounded hollow and at least two were loose. Fearing a major structural problem I called the installer back who disagreed with my theory but said he would rectify the problem by lifting the hollow ones and refitted them again, this he did except the fitter broke 3 tiles.
The installer spent some time, allegedly, trying to find matching tiles and a two weeks before Christmas 2014 I contacted them and said whatever the situation was don’t worry about sorting the job before Christmas as we had the place decorated for the Xmas period. Two days later I had a phone call that they wanted to complete the job before Christmas, much to my annoyance I OK’d it. We were out when the fitter arrived (he was delayed by the M1 being closed) we agreed to leave it open for him to complete the job, we returned just as he was leaving. When we looked at his work the 3 new tiles were a different colour and size as was the grouting and as they are on the outside edge we cannot cover them with a mat/rug.
I complained to the installer he came and looked said the fitter and his office should have told us about the difference but if we could locate matching tiles he would fit them FOC despite the fact he didn’t feel it “was his problem”. For about 3 months now I have tried to match the tile with no luck.
I wrote to him claiming damages under the Sale of Goods & services act 1982 suggesting one of two rectifications. The tiles removed and the whole floor retiled at about £600 plus materials or the fitting by a local specialist (rather than his staff) of a reasonable quality wood laminate floor over the tiles at just under £400 inclusive. I gave him 14 days to reply (from the 19th May) and heard nothing.
I have photographic evidence of all the problems etc after all the above what now? County court, Trading Standards and if so do I have a case to claim a complete new floor because of his employee’s damage?
Sorry it a long one any advice would be appreciated.
