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Posted By wayne hodges
we have recently had some work carried on our ceiling, the contractors did not replace the tiles correctly and as a result some damage was caused.
so we may check that any future contractors will return our workplace to its original form, is there a form or document they can produce or even we can print to prevent any future incidents and accidents?
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Rank: Guest
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Posted By David Sinclair
Wayne,
The document you need to consider are the scope of work and the contract.
Any contractor is only bound to do what it is contracted to do. Therefore unless it is specified in the contract, it is not bound by it.
That said, there are a few clauses which are implied (by law) into any contract, including the duty to exercise "due care and skill" in doing whatever work the contractor agrees to take on.
The answer is therefore to have:
a. a details specification of works (irrespective of the size of the project); and
b. ensure the specification forms part of the contract.
By appointing a "competent" contractor, who provides you with a suitable and sufficient method statement/specification for undertaking the works, you will be able to incorporate that as a specification (along with any additional health and safety requirements you wish to make) in to the contract.
The contractor will then be bound by that method statement/specification and if he fails to comply, you will have recourse in contract and in the tort of negligence.
Long winded, but I hope it helps.
Regards.
David
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Posted By Ron Hunter
Surely 'forms' aren't the answer here.
Who actually engaged the contractor? He/she should be taking an active interest in their performance! On what basis does the bill get paid?
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