Incorrect connection of water drain kitchen fitter

Questioner

Last March we had a new kitchen installed but the fitter connected the water drain incorrectly, causing a leak. After noticing this, we called in a plumber as soon as possible to prevent worse, as this was outside the opening hours of the kitchen supplier. After contacting them, they paid the plumber's costs, but due to the leak, the floor is now starting to curl up and they say that the plumber is ultimately responsible and do not want to reimburse these costs. My question is, is that so?

Lawyer

That may depend on the reason why the damage is occurring at this time. Is this due to the original incorrect connection by the kitchen supplier? Or is this because the plumber made a mistake. It is also possible that both parties may be (partly) responsible. The question is which party(ies) is responsible for the current problem. Please feel free to contact me if you have any questions or require legal assistance.

Questioner

No, this is because the kitchen supplier connected the pipe incorrectly and the damage that has now occurred to the floor was not yet visible at the time, this is a result of the plumber having correctly solved the problem, but the kitchen supplier says that the third party is now ultimately responsible, so the plumber

Lawyer

If I understand correctly, the damage that is now visible was already caused by the wrong connection. The plumber fixed the leak, so in principle there should be no 'new' damage to the floor after the plumber's actions. If this is the case, the attitude of the kitchen supplier does not seem right to me. After all, there would have been nothing more to do about the damage that is now visible and the plumber could not have done anything else to limit the damage. It is therefore very questionable whether the plumber can be held responsible at all if he has fixed the leak. Did the kitchen supplier also come to look after the plumber had done the work? Or did they only pay the costs? The plumber's work seems to me to be an 'emergency solution'. This does not simply release the kitchen supplier from its own maintenance and warranty obligation.

Questioner

They only paid the plumber's fees and say that's the end of it.

Lawyer

Then you could take the position that the kitchen supplier has acted incorrectly. Without further investigation, the kitchen supplier cannot know remotely what the cause/error was and what the situation looks like. It would have been wise if they had carried out an inspection. Based on the agreement with you, they are responsible for delivering and installing the kitchen. In addition, they cannot expect you to let a leak run its course if the kitchen supplier is unavailable (because it is outside of opening hours). You are dealing with an emergency and have sought a plumber. If it is plausible that the plumber has not made any mistakes and everything can be traced back to the kitchen supplier, they cannot simply hide behind the plumber. If you can demonstrate with sufficient certainty that the damage was caused by the supplier, they will probably have to provide counter-evidence in the event of a case.

Questioner

Okay, how can we best approach this now? Without us later also having to pay possible legal costs and still losing the case?

Lawyer

Most cases can be resolved before legal action is needed. Often, communication with a lawyer can lead to a solution. Unfortunately, the deterrent effect is often necessary before a party wishes to enter into negotiations. Many people leave it at that, and that is advantageous for a company. A lawyer may work (partly) on a no cure, no pay basis. This means that (part of) the costs only have to be paid if the case is won. Ultimately, both parties usually have no interest in a case, because it costs a lot of time and money. Usually, a mutual consultation is used to determine whether a solution can be found. You can email me if you would like to discuss without obligation whether I can assist you. If you do not want legal assistance, it is best to send a clear letter in which you emphasise that the supplier is responsible, that they can, for example, come and assess the damage and that you ask for compensation.

Questioner

Okay, clear, we are going to write a letter. If they respond negatively, what kind of costs should we expect if a case comes?

Lawyer

Good luck with the letter and hopefully it will lead to a solution. Could you send me an email at mail@uygulvandam.nl or a message via my profile on this site? Then I can give you a price indication. I can't send you messages if you don't contact me first.