According to those people who have served as resolver’s, if an issue arises from the contractor causing damage to the owner’s property, the owner has the right to ask the contractor for repair. This is another way for the owner to save their insurance claim as well as related premium renewal increase. This is also another way for the owner to save the loss of any no claim benefit they are entitled to. However, if the contractor refuses to do the repair for the damage they have caused your property; you can resort to contacting their insurer. Take note: If you are going to hire a contractor, you need to make sure they have a liability cover. That is in preparation for unexpected circumstances such as this. And also, you need to contact your own insurer and discuss with them the situation you are currently in. At this point of time, the contractor and their insurer have two options: first is them taking responsibility for what had happened to your property in which you can ask them for money to pay for the repairs or the pay for the amount you spent fixing the damage caused by the contractor; the second option is them resorting to dispute the cause of the damage. It will be great if they will accept the liability of the action conducted by the contractor and just pay you the sum you need, however, if they will go with the dispute that is already another case.
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If the contractor and their insurer will dispute the cause of the damage, both parties can discuss getting an expert opinion coming from someone who is qualified in the said field, not involve with the dispute between the contractor and the owner, and will write the whatever finding they have. If both parties agreed to this, then it is important for them to agree about sharing the cost of the report in and must come to term with the thought of being bound to the opinion given by the expert you hire. If the findings of the expert are in favor of you, the owner, then you can make use of this especially if the contractor will still refuse to cooperate with you and is not willing to pay for the damage they have caused your property which leads for the dispute to be settled in the court. The finding will give you the upper hand in case this will happen. On the contrary, if this way of setting the dispute is not available, then you can seek resolution of the case directly through the courts. You can ask help from the Citizen’s Advice Bureau as they will be more than willing to give you advice on this particular course of action.
If your case is brought to the court due to the contractor’s uncooperativeness, you need to make sure that you have with you the most important thing: evidence. You can take photos and records of the damage caused to your property since this can be used as supporting evidence to your case. The resolver present will recommend you to submit your concerns to each party through writing. The resolver will also be there to assist you in submitting, recording and reminding you of when you should take such action and whom you should escalate it with.
The presence of the resolver will serve as a constant reminder for you that the issue will be resolved as quick as possible. And also, you need not have to pay them any amount since you will be free of charge. Having them as your aid will make everything going to your side which makes it hassle free.
If you happen to not be able to resolve your issue, then there is a big possibility of you not raising your case to the Ombudsman, not until eight weeks has gone by prior to you raising your first complaint with your supplier, or upon you receiving a ‘letter of deadlock’ coming from the company which stated that they cannot resolve the issue the way you asked them to. You have to make sure that your complaint will not reach more than nine months. If you want the ombudsman to give you an accurate decision, you need to ensure that your file for communication and supporting documentation is very detailed. It must be stated there everything that has happened starting from the day your property was damaged, the steps you have taken as well as the present day scenario. Furthermore, you also need to make sure that you clearly explain in the file you will be submitting the desired outcome you want to have since doing this will definitely help you case to be evaluated.