Going to court not very pleasant

[Balloo]

Hi guys im new to this fourm , but straight to the point I ripped out a disastrous bathroom that was only 2 years old for a customer I was recommend to .
Near complete in the tiling the customer friend arrived to install an upgrade pump from old one he was concerned it would be to powerfull , but after completion it seemed ok month later got call to come back cause water was overflowing so I cleand the drain with snake drain and it was ok all happy .
Another month later called back again so this time I lifted tiles on floor and seen the pipe hade droped from sheer weight of water so I strapped it secure and all was ok everyone happy this was 2014 April and last week got leter im being taken to court for shoddy work .
This was three half years ago nobody has contact me in all that time , am I responsible .
Im in the trade 23 years with good reputation

 

[Flintstone]

Hello.
Sorry to here that. I do beleive legally the customer must offer you the opportunity to correct any problems with your work before taking matters elsewhere.

@impish is fairly clued up on these matters.

 

[Qwerty]

Check out the .gov guidance on small claims.

Who is the letter from?

 

[Balloo]

Check out the .gov guidance on small claims.

Who is the letter from?

The client

 

[One Day]

Are they asking for anything from you? Or is it just informing you of court action?
If you could post the letter on here, but be careful to delete any personal details, we could offer better advice.

 

[Balloo]

They said after I completed the wetroom install and adressed the initial faults they continued to have on going issues with the drainage which has resulted in damage to a couple of tiles they are now pursuing legal proceedings

 

[Qwerty]

They are trying their luck. They have not contacted you about these ongoing issues?

 

[Balloo]

They are trying their luck. They have not contacted you about these ongoing issues?

Really hope so

 

[Flintstone]

I think they are trying there luck also.

 

[LM]

If all that’s happened is what you’ve stated and nothing else then I’d say they’ll have a tough time winning anything in court. There must be more to this surely? There’s so many more stages that have to happen before they can successfully take you to court. Going by what you’ve said this sounds suspicious to me!
Welcome by the way.

 

[Balloo]

This guy is one of the top civil servants in the country and works directly with top MPs and is really up himself and because this is the second time something has went wrong for his bathroom I think maybe he's not going to let it go

 

[Qwerty]

Top civil servant or not, he still has to offer you the chance to rectify any issues and unless he is legally qualified then I don' think his letter will stand for much.

 

[Andy Allen]

Anyone know how long you have to guarantee work for...?

 

[LM]

Anyone know how long you have to guarantee work for...?

Condition 2.38 - After Practical Completion there is a Rectification (previously Defects Liability) Period (usually a period of between 6 and 12 months). During this time, the architect may require the contractor to make good any defects that appear.

The Rectification Period is akin to a guarantee period and the contractor usually has the obligation, and indeed the right, to remedy defects appearing within this time. The contractor does not get paid for this. However, the practice is to the benefit of both parties since the contractor would otherwise be liable for the greater cost of another contractor remedying the defects.

What should be understood is that a provision for the making good of defects within this period does not deprive the employer of his damages for defects appearing outside that period nor will it serve to extend the time allowed to the contractor to finish the works correctly.

When all defects and shrinkages and other faults have been made good, the architect/contract administrator shall issue a certificate to that effect.

 

[LM]

Liability for Defects in Construction Contracts.pdf