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mgray  
#1 Posted : 26 January 2011 00:37:39(UTC)
Rank: Forum user
mgray

Hi all
Some advice please. A friend of mine told me today that their daughter has just had a conservatory fitted and although they agreed to re route the boiler flue to the outside of the new conservatory, they did not! When she came home at the end of the day she realised the dangers and has had to move out of the house because she cannot now use the boiler. She now has to try and find the cash to pay for a new boiler and re-site it, as they are now saying they cannot get the parts?

I told her to phone and chat to the local HSE officer as this is really an unsafe working practise. I am not sure what else she can really do, as the flue moving was not written into the contract although at the time they did agree to it. I just thought the chat with the HSE may stop it happening to someone who is not so aware of the dangers.

Any thoughts would be appreciated.
MG
bob youel  
#2 Posted : 26 January 2011 07:39:34(UTC)
Rank: Super forum user
bob youel

Your friends D has to get in touch with all the enforcing authorities to get some movement from one or the other of them inclusive of planning + if she has a loan she needs to contact the loan company as a condition of the loan is usually 'to be properly built' [or words to that effect] + stop any payments to the builder + talk to the builder about the local [or even national] 'press' + talk to the local inland revenue about the builders practices e.g. the cash deposit she paid. In other words she has to do something & stick to her guns
m  
#3 Posted : 26 January 2011 07:51:51(UTC)
Rank: Super forum user
m

Sounds like a shocking job. Get some photos to go with the publicity. Depending on the size of the organisation the local newspaper may not be interested in bringing bad publicity to one of their advertisers.

Could even use FaceTube or similar to spread the word, nothing defamatory, just photos of the installer's van and the 'job' they left behind.
holmezy  
#4 Posted : 26 January 2011 11:36:19(UTC)
Rank: Forum user
holmezy


Mgray,

Whoever constructed the conservatory should have been aware of the requirements re gas flues and whilst its unlikely that they would have been willing to do the work (despite verbal agreement), they should have pointed out that the flue requires re-routing and that it is the customers responsibility. Certainly the paperwork seems to neglect to state any such agreement.My experience of most "reputable" conservatory suppliers is that they will not start work until the flue has been moved by the customer, or a gas fitter. This instruction is usually part of the written contract which is signed by the customer.
BUT things do go wrong!
If the contract doesnt state "move flue" as part of the schedule of works, then it will be difficult to argue that the builder has that responsibility. The builder, however, should have been aware of the need to move the flue to conform with Gas Regs and should have told the customer, but then you are into a "he said, she said" arguement which are always difficult.
I'd be extremely wary about going "public" with any "bad press" until the contractual facts have been established.

Without stating the name of the conservatory builder, can you give any clues? I'd be interested to know whether its a national company or "Bill and Bob the Builder"?

Holmezy

without being
Shineon55  
#5 Posted : 26 January 2011 20:23:39(UTC)
Rank: Forum user
Shineon55

Hi, the builder is clearly in the wrong, and regardless of whether of the "he said she said" argument is in breach of the Gas Safety (I&U) Regs R 8 which is pretty clear

8.—(1) No person shall make any alteration to any premises in which a gas fitting or gas storage vessel is fitted if that alteration would adversely affect the safety of the fitting or vessel in such a manner that, if the fitting or the vessel had been installed after the alteration, there would have been a contravention of, or failure to comply with, these Regulations.

So if it has ended up with a flue terminating in a conservatory they have done a "bad thing" and you should contact HSE and trading standards.
bob youel  
#6 Posted : 27 January 2011 08:05:55(UTC)
Rank: Super forum user
bob youel

Another thing we / U have to consider is the wrapping up of a company

A 'dubious' person can wrap up a company one day and start a new one the next day and all the old company troubles goes to that company ------- a despicable practice but carried out in the UK without hindrance every day and is a major factor behind the lack of enforcement, inclusive of tax, of all kinds
holmezy  
#7 Posted : 27 January 2011 12:17:54(UTC)
Rank: Forum user
holmezy

Shineon55

I'm not disputing that they have done a "bad thing". Ascertaining who was responsible for "arranging to move the flue" is a different matter.

We have situations like this all the time with our jobs, with flues, windows, ventilation blocks etc and despite our contract and schedule of works clearly stating that the repositioning of flues is not within our competency, and is the responsibility of the customer to arrange, you would be surprised how many jobs we turn up to and the remedial work hasnt been done. Being a reputable company, we dont then proceed with the job until the work has been done, which costs us money, time and inconvinience. Perhaps less reputable firms may not take our stance?

Holmezy
Shineon55  
#8 Posted : 27 January 2011 15:41:29(UTC)
Rank: Forum user
Shineon55

Holmezy

I'm sure that is the case, and it must drive you mad, and I'm sure that less reputable companies may well crash on regardless.

You do the right thing which is to wait until the remedial work has been done...but in the event of work being carried out which is dangerous, falling back on the contractual obligations shouldn't save a disreputable company form having to account for their (in)actions.

Although HSE may not follow through t olegal action they should at least make sure the company are aware for future. The evidence of unsafe work would also be a good thing to take to a civil court if the occupier wanted to claim money back to rectify the dangerous work... Oh to live in an ideal world!
mgray  
#9 Posted : 31 January 2011 23:18:07(UTC)
Rank: Forum user
mgray

Thank you all for taking the time to give your views and advice.

Holmezy we seem to actually be in the same industry, as I cover the manufacturing side of frames etc for a large Trade fabricator in the South East, drop me a line if you want to discuss further.
MG
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