ᐅ Bathroom Renovation: Liability Issues (Not an Older Building!)

Created on: 7 Jul 2020 20:58
O
ollibom
We want to renovate our bathroom and have received a quote from the plumber. He states that he does not take responsibility for any damage (cracks) on the opposite wall. Is this correct? He can’t just carelessly damage the house without making sure everything is repaired, can he?

Shouldn’t he be insured for something like this? Or does it work like this: bathroom finished, house damaged?
H
HilfeHilfe
8 Jul 2020 06:41
ollibom schrieb:

I am calm. I’m just curious about the additional note. As far as I know, tradespeople are insured. So this gives me an uneasy feeling as to whether that is really the case.

Has anyone asked why he has concerns?
O
Ollibo
8 Jul 2020 09:59
HilfeHilfe schrieb:

Have you asked why he has concerns?


No, not yet. And I could simply choose someone else. But I think this topic is important enough that other customers should take a closer look at the project as well.

In my case, the planning mainly came from the installer. I expect him to explain in advance which steps might cause problems. Since this is a pretty standard renovation, I almost think he might have insurance issues.
If I hire a painter who splashes paint on the hardwood floor, that’s collateral damage. I also expect that this will be cleaned up or covered by insurance. Most installers, because of liability, only buy from certain suppliers. Already here, the pricing for the customer is not transparent. And now there’s also a liability waiver on a personal certificate?
I wonder why some tradespeople always complain about low-wage workers and career changers, and yet apparently demand double the price for the same work and liability.
Y
ypg
8 Jul 2020 14:45
Ollibo schrieb:

If I hire a painter who splatters paint all over my hardwood floor, that’s just collateral damage.

Poor example. The painter is responsible for handling brush and paint carefully.
When working on a wall they are unfamiliar with, they cannot predict how it will react. It’s possible that insurance might not cover such damage.
I don’t want to absolve the tradesperson of their responsibility, but there is always more than just black and white or personal opinion. In the end, it is still the tradesperson’s decision whether to accept a job or not.
H
HilfeHilfe
8 Jul 2020 17:27
Ollibo schrieb:

No, not yet. And I could simply choose someone else. But I believe this topic is important enough that other customers should also take a closer look at the contract.

In my case, the planning mainly came from the installer. And I expect him to tell me in advance which measures might cause problems. Since it’s a fairly standard renovation, I almost think he might have insurance issues.
If I hire a painter who splashes paint on the parquet floor, that’s also collateral damage. In those cases, I expect the painter to either fix it or have it covered by insurance. Most installers, due to liability, only buy from certain suppliers. Even here, the pricing transparency for the customer is no longer clear. And now there’s also a liability waiver on the invoice?
I wonder why some craftsmen always complain about low-paid workers and career changers, but on the other hand demand the same performance and liability for twice as much money.
I don’t know how you talk to the tradesperson. But your reactions in the posts suggest something. You have freedom of contract; he doesn’t have to accept the order, and you don’t have to award it.
O
Ollibo
8 Jul 2020 18:52
ypg schrieb:

Bad example. The painter himself is responsible for handling brush and paint carefully.
When dealing with a wall he’s not familiar with, he doesn’t know how it will react. It’s possible that an insurance policy might not cover such issues.
I don’t want to absolve the tradesperson of responsibility, but things are rarely just black and white or about personal opinions. Ultimately, it’s the tradesperson’s decision whether to accept a job or not.


I can accept that. And that would be honest. But I also expect him to discuss any concerns with me or decline the job. What confuses me is hiding a loophole in the fine print that simply absolves him of responsibility.
O
Ollibo
8 Jul 2020 18:58
HilfeHilfe schrieb:

I don’t know how you speak to the tradesperson. But your reactions in the posts suggest something. There is freedom of contract; they don’t have to accept the job, and you don’t have to award it.
That is absolutely true. I may have reacted a bit strongly to the additional statement in his quote. I apologize for that. However, this clause in the fine print is also not very customer-friendly and should have been discussed on-site during the planning phase—if he had any concerns. This makes me feel somewhat taken advantage of. Since it is a contractual relationship with potentially significant consequences, I would prefer that such matters are discussed with me. As it stands, it has created a trust issue.