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Duty of care - negligence

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  • Duty of care - negligence

    Hello,

    Can anyone advise on yet another aspect of my own sadly growing list of concerns regarding my last builder.

    I have been unable to obtain building regs on the work due to a number of issues introduced by my ex builder.

    One of those issues was his failure to provide a gas safety certificate concerning the location of the boiler flu, which has left me with an issue concerning my physical safety and of that towards
    anyone in my property, as the flu is too close to an open window. Is the failure to provide a gas safety cert and the fact that the flu location is dangerous effectively negligence?

    My expectations are that my builder has a duty of care awards me, and this has been breached. Would this be considered as one of his fiduciary responsibilities?

    Also in the same vein, he has not installed the structural steels as per the structural engineers design and effectively put me and again anyone within the property at risk. Until remedial work can be completed, I can't get building regs which have been declined by my local council (once again). Apparently they have not been joined correctly putting significant stress loadings through a single welded joint, when the steels should have been joined into the web of the linked steel as per the engineers drawings.

    Finally,( and yet another reason I can't get building regs), is because the builder failed to install an extractor fan and ducting to to external vent from a new internal toilet, which again requires remedial works to put things right, along with a long list (over 35 separate issues) "snagging list", which he has failed to address, aside from using a variety of variations on the theme re his company name, and his failure to provide invoices or receipts, taking cash payments and or his failure to provide his actual business insurance details etc etc.

    Another rogue trader obviously, but I am looking for nuisances that "lift/pierce the corporate veil"in order to hold him personally responsible.

    Any help much appreciated.
    Tags: None

  • #2
    Regarding the boiler flue issue, is the installer on the Gas Safe Register? (Reg 3)
    If not, do they have an exemption certificate? (Reg 40)
    Either way, has you checked if it been installed per manufacturer's instructions? (Reg 27)
    The installation instructions should be left with you? (Reg 29)
    Has a Buildings Reg Certificate been issued?

    https://www.hse.gov.uk/pubns/priced/l56.pdf

    https://www.gassaferegister.co.uk/ga...s-certificate/
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      When was the work carried out? Have you contacted Trading Standards through CAB?

      Comment


      • #4
        Originally posted by charitynjw View Post
        Regarding the boiler flue issue, is the installer on the Gas Safe Register? (Reg 3)
        If not, do they have an exemption certificate? (Reg 40)
        Either way, has you checked if it been installed per manufacturer's instructions? (Reg 27)
        The installation instructions should be left with you? (Reg 29)
        Has a Buildings Reg Certificate been issued?

        https://www.hse.gov.uk/pubns/priced/l56.pdf

        https://www.gassaferegister.co.uk/ga...s-certificate/
        Hi, No installation instructions have been left, but it was my previously installed boiler re located so I guess that wouldn't be necessary. I think I stated he hasn't provided building regs certificate, and the council won't grant it due to the issue I have highlighted.

        Comment


        • #5
          Originally posted by echat11 View Post
          When was the work carried out? Have you contacted Trading Standards through CAB?
          Hi, last year, and yes

          Comment


          • #6
            Originally posted by Cpt Morgan View Post

            Hi, No installation instructions have been left, but it was my previously installed boiler re located so I guess that wouldn't be necessary. I think I stated he hasn't provided building regs certificate, and the council won't grant it due to the issue I have highlighted.
            Have you sourced manufacturer's instructions for it?
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Originally posted by Cpt Morgan View Post

              Hi, last year, and yes
              TS seem totally useless if I am being honest, they do SFA.

              Comment


              • #8
                Originally posted by charitynjw View Post

                Have you sourced manufacturer's instructions for it?
                No, why?

                Comment


                • #9
                  Originally posted by Cpt Morgan View Post

                  No, why?
                  They are the reference for correct installation & take precedence over other info such as British Standards.
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Originally posted by charitynjw View Post

                    They are the reference for correct installation & take precedence over other info such as British Standards.
                    A British gas engineer that provides gas safety certs, has deemed it unsafe, so I am not sure you are correct

                    Comment


                    • #11
                      Originally posted by Cpt Morgan View Post

                      A British gas engineer that provides gas safety certs, has deemed it unsafe, so I am not sure you are correct
                      I have, in the dim distant, disagreed with a BG engineer decision/opinion.
                      Guess who was proved to be correct?
                      Btw, I used to be a national training manager for a large gas service/installation company.
                      Last edited by charitynjw; 22nd March 2023, 13:44:PM.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Originally posted by charitynjw View Post

                        I have, in the dim distant, disagreed with a BG engineer decision/opinion.
                        Guess who was proved to be correct?
                        Btw, I used to be a national training manager for a large gas service/installation company.
                        Hi, the situation is as it is, and with all due respect he has reviewed inline with the boilers manufacturers installation advise, so he
                        seems pretty confident he assessment is correct

                        Comment


                        • #13
                          Originally posted by Cpt Morgan View Post

                          Hi, the situation is as it is, and with all due respect he has reviewed inline with the boilers manufacturers installation advise, so he
                          seems pretty confident he assessment is correct
                          If you are happy to go with that, so be it.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Originally posted by charitynjw View Post

                            If you are happy to go with that, so be it.
                            You seem to be missing the point, whether I am happy or not is not, and should not be the answer, it is the legal requirements for the correct and safe installation of the boiler which is in question here.

                            I do not want to "gas" my tenants, and or be held responsible on a "technicality" further down the line, should anything go wrong, so I have trying to get a conclusive answer, which seems to be elusive.

                            Comment


                            • #15
                              Have you had a gas safety inspection, drawing your concerns to the attention of the inspector?
                              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                              Comment

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