JMK Solicitors recently acted for a client who had noticed multiple tiles cracking on their kitchen and utility room floor. The tiles had been installed over 6 years previously when the client was having her kitchen renovated. The client at first thought the problem was due to wear and tear, however, tiles then started cracking in areas with no footfall, making their kitchen extremely hazardous.
Andrew Moore, a Solicitor at JMK Solicitors who is also a Senior Litigator as accredited by APIL said, “Our client had no invoices or receipts for the work that had been carried out, but had been in an email dialogue with the company involved. They had denied any wrongdoing but had offered a small amount of compensation as a gesture of goodwill. We instructed an expert to inspect the flooring and provided an opinion which stated that the tiles had been laid incorrectly. The cost of remedial work would be approximately £10,000; many times more than the amount the company had proposed to pay.”
Andrew continued, “Most people will think that where the work was carried out over 6 years earlier that there is no right to make a claim for the damage. However, under a law called, The Latent Damage Act 1986, where there is a defect caused by fault in design, materials or workmanship that existed at the time of construction but was not apparent at the time of completion, a person can bring an action within three years from the earliest date on which they knew or ought reasonably to have known of the cause of the loss.”
It is vitally important that as soon as you become aware that you might have an action that you seek expert advice and opinion on the ability to pursue a claim for compensation. In this case, the sum involved was very substantial and without recourse to the original supplier of the services our client would have been likely unable to pay for the repairs without suffering unnecessary hardship. They are obviously delighted with the outcome.”
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