Should our builder pay to replace our damaged carpet?

[Morgan89]

What would you guys do...?

We had a loft window enlarged and the building company sent 2 young guys who didn't protect the cream carpet - (it is ruined). I told the owner of the building company who apologized and had the carpet steam cleaned. He also said that he would replace the carpet if the steam cleaning didn't work.

The steam cleaning didn't work - and I want him to cover the cost of a new carpet. (I am looking in carpet right and going for an inexpensive one exactly the same as the one before). Now we are sorting out the final bill he is making noises about splitting the cost of the carpet with us 50/50 since the carpet that was there wasn't brand new and had a few marks on it (this is true but it was fine and the small mark was covered by a rug).

My husband thinks it is fine to split the cost. I think he should bear the cost himself since we wouldn't have replaced the carpet otherwise.

What do you guys think? Incidentally the builder is not claiming the cost of the carpet on his insurance since there is an excess so that doesn't help.

Advice would be welcome.

Thanks

[The Minkey]

I'd expect him to keep to his word and replace it.

[enjoy]

I he would have been careful and covered/protected the carpet, you/he wouldn't have to deal with it now.

In my opinion it is up to him to replace it!

You are left with the hassle of choosing a new one, buying it, clearing the space ... anyway.

Good luck

[red devil]

50/50 sounds reasonable considering the carpet is already marked elsewhere, or how about he buys you a rug to cover up the new marks?..

[Morgan89]

The amount of dust that came down means that the carpet is now dirty grey (even after a steam clean) instead of cream. So no rug would cover it. A new carpet has to be bought. I strongly feel that the builder should replace it (especially as he told me he would)... But now he conveniently cannot remember saying that and in a conversation with my husband he said he didn't think he should have the full expense he and my husband decided 50/50 was fair. I just heard about this and I don't think this is right. It is really tricky though. I would like to hold him to the original agreement, but the builder is saying he never agreed to it and I am unreasonable but my husband is really fair. I think my husband has been too nice on this matter and wasn't the one who the builder spoke to in the first place agreeing to replace carpet.

[red devil]

Sounds like you need to discuss this more with your husband...

[Morgan89]

My husband was happy to ask the builder to pay for the carpet till the builder pushed back about it and started arguing and not sticking to what he originally promised. My husband works really long hours and wants me to now deal with the builder - so it is now up to me and I think he should pay for it. But I would like to know if others agree. Red Devil - if this was your home, and the whole carpet was ruined what would you seriously want?

[KidKruger]

I'd push for 100% but be prepared to take 80%. Assuming the carpet was otherwise perfect.

As an owner there's an onus on you IMO to make sure proper coverings are put down to protect your furniture and carpets, rather than leaving it to a couple of kids.

[red devil]

If the carpet is as bad as you suggest and they were totally at fault, then yes I would want it to be replaced.

From what you've said it's your word against his, there's nothing in writing regarding replacing the carpet, but at least you have the physical evidence of the carpet and the fact that he paid for it to be steam cleaned, which would tend to suggest he has accepted that the carpet was damaged by his workers. I would wait for the final bill, and upon receipt pay it, minus the cost of a new carpet. It will then be up to the builder to persue the matter further...

[Alex K]

Not to settle a bill with a tradesman -- difficult ground. If the builder in pursuit of the matter then were to file a mechanic's lien against the title to the property where Morgan89 had work done...

The builder blackened your carpet. Accept the 50% and then set about blackening his reputation. That's the EDF way.

[Bluerevolution]

Your rights if belongings are lost or damaged

Legally, a trader has a responsibility to take good care of belongings left in their possession. If they lose or damage your belongings, they must compensate you unless they can show that what happened to them wasn't their fault.

This usually means they must give you money to get the item repaired or replaced. You can ask them to repair or replace the item if you'd prefer this, or they may offer to do it, but they don't have to.

If your belongings need to be replaced, you might not get back what you paid for them, or enough to pay for a new replacement. The trader only needs to pay you what the belongings were worth when you left them with the trader. This will take into account how old your belongings are and their condition.

If the trader gives you money to get a repair done, this must be reasonable. Get quotes to find out what's reasonable and show them to the trader if you need to.

Source: http://www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_service_providers_e/consumer_trader_has_been_negligent_e/your_belongings_are_damaged__lost_or_stolen_while_left_with_the_trader.htm

so steam cleaning and 50% seems reasonable

[red devil]

Alex K Wrote:

-------------------------------------------------------

> Not to settle a bill with a tradesman -- difficult

> ground. If the builder in pursuit of the matter

> then were to file a mechanic's lien against the

> title to the property where Morgan89 had work

> done...

>

> The builder blackened your carpet. Accept the 50%

> and then set about blackening his reputation.

> That's the EDF way.

Are mechanic's lien acknowledged in UK law? I know they are common in the States.

Disputes of this size and nature tend to end up in the small claims court...

[mxh]

He is a bully , try not to feel intimidated and stick to guns as he should be more concerned about a good reputation ,

presuming he had one .

[mxh]

He is a bully , try not to feel intimidated and stick to (your) guns as he should be more concerned about a good reputation ,

presuming he had one .

[The Minkey]

"and in a conversation with my husband he said he didn't think he should have the full expense he and my husband decided 50/50 was fair."

Like you, I'd be mighty pissed off about it, however, it's no longer as clear cut (imo) as one of you has agreed to the 50/50.

[michael4th]

hi, you should check what was written in their method statement, for him to claim off of his insurance he would have had to submit one, if he hasn't that could be one reason why he does not want to claim on his insurance??? think about it!!!!!. If that was me I would expect them to replace the carpet with no cost to myself. Trust me I know what im talking about. if you are in the habit of giving money away, send some my way, because if you go 50/50 you are giving him money for nothing. Do you think for 1 minute he would pay for your carpets if it was not his fault ?

regards

michael