Groundwork company refusing to guarantee work - is this right?

[Wits End]

Hello. Can I take your advice please? Our groundworks company are refusing to guarantee their work and I don't think this is right. We are having a small front garden tiled (Victorian terrace). First laying of the tiles was patterned incorrectly. The following day they lifted the incorrect ones and re-laid them. The re-laid tiles were moving underfoot, so 2 days after the second laying they lifted all of them and re-laid the lot. In the process a number of tiles broke and there weren't enough to complete the job. The owner of the groundworks company said the tiles were defect and that lifting and re-laying in this way would not have affected them. It's the tiles, not him. He's now saying they are not suitable for outdoors. They are 9.5mm thick porcelain. They were purchased from a reputable company which sells them as outdoor tiles. He is saying anything under 20mm isn't suitable for outdoors. He is now saying that the problem is nothing to do with workmanship and he therefore refuses to guarantee the work. I have other issues such as he has filled in an airbrick and he shouts at me every time I identify a problem... but those I can deal with. My question is, if they are sold as outdoor, and 9.5mm porcelain, and he's had to pull half of them up twice is he in a position to refuse to guarantee? Thanks for any advice you can give me.

 

[Dave]

He certainly isn’t in a position to refuse and most definitely hasn’t got a clue about outdoor suitability. He’s basically took on a project out of his skill set. Do you have any pics ?

 

[davidjohnsir]

It seems that the groundworks company should take responsibility for their workmanship and guarantee the outcome.

Given that the tiles were purchased as outdoor tiles and the issues arose due to their incorrect installation, it's reasonable to expect them to honor their guarantee.

 

[Ajax123]

I think the word guarantee is bandied about too readily. Most people look for a written document of some description which in all honesty is generally a worthless sales tool.

Any tradespeople supplying goods or services are bound by legislation under the sale of goods act at the very least, and other contract laws as well. Why is a guarantee generally worthless. Simply because he has no choice.he must supply goods of merchantable quality which meet the reasonable expectations of the customer. He must carry out services in a "workman like manner" and be able to demonstrate the necessary skill and expertise. If he does this and as is likely, the work is of sound quality carried out properly and professionally it wont fail so the guarantee could not be used.

If the work is not of a reasonable standard expected by the customer as appears to have happened in this case then the tradese person has either been negligent and so is in breach of the law contract due to the legislation, or he doesn't possess the necessary skill and expertise so gad no business accepting the contract and so is in breach of the law.

All that said, he has messed up twice. Why would you trust him to put it right a third time, guarantee or not?

 

[Wits End]

He certainly isn’t in a position to refuse and most definitely hasn’t got a clue about outdoor suitability. He’s basically took on a project out of his skill set. Do you have any pics ?

Thank you for taking the time to reply Dave. That’s very kind. Photos attached showing where he ran out of tiles, the air brick and how he hasn’t laid them parallel to the house front. Your advice is gratefully received.

 

[Wits End]

It seems that the groundworks company should take responsibility for their workmanship and guarantee the outcome.

Given that the tiles were purchased as outdoor tiles and the issues arose due to their incorrect installation, it's reasonable to expect them to honor their guarantee.

Thank you for confirming. It’s very kind of you to take the time.

 

[Wits End]

I think the word guarantee is bandied about too readily. Most people look for a written document of some description which in all honesty is generally a worthless sales tool.

Any tradespeople supplying goods or services are bound by legislation under the sale of goods act at the very least, and other contract laws as well. Why is a guarantee generally worthless. Simply because he has no choice.he must supply goods of merchantable quality which meet the reasonable expectations of the customer. He must carry out services in a "workman like manner" and be able to demonstrate the necessary skill and expertise. If he does this and as is likely, the work is of sound quality carried out properly and professionally it wont fail so the guarantee could not be used.

If the work is not of a reasonable standard expected by the customer as appears to have happened in this case then the tradese person has either been negligent and so is in breach of the law contract due to the legislation, or he doesn't possess the necessary skill and expertise so gad no business accepting the contract and so is in breach of the law.

All that said, he has messed up twice. Why would you trust him to put it right a third time, guarantee or not?

That’s a very good question Ajax123 - and one I’m grappling with. I’m not looking forward to him turning up tomorrow. And you’re absolutely right - I guess it’s a good job or not. I fear not. Thank you.

 

[Wits End]

He certainly isn’t in a position to refuse and most definitely hasn’t got a clue about outdoor suitability. He’s basically took on a project out of his skill set. Do you have any pics ?

Sorry Dave just trying to add photos again as they didn’t load (user error 😁)

 

[Setinstone bc]

Sorry Dave just trying to add photos again as they didn’t load (user error 😁)

 

[Setinstone bc]

Anything under 2cm is not suitable for sand set application. They very well could be for outdoor installation but did you specify with the distributor that you were planing on dry setting. Guaranteed they are to be adhered to concrete if under 2cm thick. That being said the installer should have let you know this prior to installation and furthermore refused to do the job as instructed.

 

[Wits End]

Anything under 2cm is not suitable for sand set application. They very well could be for outdoor installation but did you specify with the distributor that you were planing on dry setting. Guaranteed they are to be adhered to concrete if under 2cm thick. That being said the installer should have let you know this prior to installation and furthermore refused to do the job as instructed.

Hi setinstone. Thanks for your reply. I didn’t give any instruction on how to lay them. I wouldn’t even begin to. I’d (possibly wrongly) assumed that as he is the “expert” he’d lay them as should be done. He hasn’t even raised with me about different laying methods so I’m not sure he’s even aware. Sadly, I think the problem here stems from him having messed up and not wanting to take responsibility. I just wish we’d discovered this forum before we contracted him so we could have got a professional in.