The contractor refuses to take responsibility for the problem, saying the damage would not have occurred if the pipe had been properly laid. The gas company says it is not responsible since the pipeline is the responsibility of the householder.
Do I have any legal comeback?
PM, by e-mail
There are two separate contracts — one is with the gas company and other with your building contractor. Under the Sale of Goods and Supply of Services Act, each contract would imply that the goods supplied be of merchantable quality and that the supplier have the necessary skill to provide the service.
The contractor’s comments that the pipe was incorrectly laid should give you grounds to initiate proceedings for breach of contract against the gas company, as they should at least have established that the pipe was suitable for providing a supply to the house before installing the tank. Their contract probably includes some sort of exemption clause in this regard, but this could be held to be unfair. The building contractor should have taken the possible existence of underground pipes into account. For this reason, you would have to start legal proceedings against both the contractor and the gas company.
Advertisement
Conor McGowan is a solicitor practising at Merchants Hall, 25/26 Merchants Quay, Dublin 8