The brief circumstances are that on 13th February 2012 I had cavity wall insulation installed at my house by Domestic & General Insulation Ltd.
Attached to the rear wall of my house is a 6m by 4m double glazed conservatory, which is fitted with a 50mm thick triple layer blue opaque polycarbonate roof.
To facilitate the installing of the insulation it was necessary for the fitters to place a board across the roof to stand on and gain access to the upper rear wall. I was assured that this was perfectly safe and would cause no damage.
Yesterday, 30th May 2012, I decided to wash the conservatory roof. This is the first time since the cavity wall insulation installation that I have had cause to view the external surface of the roof. Whilst washing it I noticed three holes in the outer layer of the first 2 panels.
Nobody, other than the insulation fitters, has ever had cause to go onto this roof.
It is clear that this damage has been caused by the fitters carrying out the installation and that this was caused by his/their negligence and failure to take due and proper care.
I am, therefore, asking that the roof be repaired at the company’s cost.
This is the reply that they sent me:
Under our terms and conditions (I have attached a copy for your records) I have highlighted the relevant point, ‘Claims made beyond 60 days from completion will not be accepted’, unfortunately as your claim is well over this time frame we cannot accept any liability or subsequent costs.
My argument would be that the damage is not obvious and would, under normal circumstances, not be noticed within their 60 day time frame and that they should still be liable.
Where do I stand and is this worth persuing?
Mervyn
Attached to the rear wall of my house is a 6m by 4m double glazed conservatory, which is fitted with a 50mm thick triple layer blue opaque polycarbonate roof.
To facilitate the installing of the insulation it was necessary for the fitters to place a board across the roof to stand on and gain access to the upper rear wall. I was assured that this was perfectly safe and would cause no damage.
Yesterday, 30th May 2012, I decided to wash the conservatory roof. This is the first time since the cavity wall insulation installation that I have had cause to view the external surface of the roof. Whilst washing it I noticed three holes in the outer layer of the first 2 panels.
Nobody, other than the insulation fitters, has ever had cause to go onto this roof.
It is clear that this damage has been caused by the fitters carrying out the installation and that this was caused by his/their negligence and failure to take due and proper care.
I am, therefore, asking that the roof be repaired at the company’s cost.
This is the reply that they sent me:
Under our terms and conditions (I have attached a copy for your records) I have highlighted the relevant point, ‘Claims made beyond 60 days from completion will not be accepted’, unfortunately as your claim is well over this time frame we cannot accept any liability or subsequent costs.
My argument would be that the damage is not obvious and would, under normal circumstances, not be noticed within their 60 day time frame and that they should still be liable.
Where do I stand and is this worth persuing?
Mervyn
