Public Liability

[Build1]

I'm trying to sort out a problem for another builder who has retired.

About three years ago he built an extension and but on a flat roof.

He was contacted a couple of months ago by the ex-client who said his roof was leaking and he would pursue a claim against him if he didn't sort it.

To his credit, he said he would pay out of his own pocket £3000 to sort the problem out, despite being pretty skint! I suggested that he contact his insurers from when the work was carried out, as he admitted he had done the work wrong.

The insurers wrote back and said it is the "current policy that should respond"
there is no current policy, he retired.

I want to chase this up myself to help him out of this jam, this seems nonsense, based on this, everyone who does this sort of work needs a policy for years after retirement?

I asked another insurer and he disagreed, he said the policy at the time of the work being carried was the one to pursue.

Advice appreciated!!!!

 

[lockyer]

Hi there are a couple of issues.

1. Public liability insurance generally excludes defective workmanship, as it would mean they would be offering a warranty on your work. Public liability only covers damage/injury caused by your negligent actions. I.e the faulty roof would not be covered but any subsequent damage caused by the fault would be.

2. If the damage was caused by the recent rain coming in through the faulty roof recently, then you sold have to clim off the policy that was effective on the date of the discovery.

I would also point out it is up to your friends insurers to decide whether to pay out or not, not his so e was foolish to agree settlement