We fitted a patio, some two years ago now, and used originally rompox easy to point it. Now this was a bad batch and we were paid by the supplier to clean it all out of the joints and replace with D2 (also by Romex).
These brush in products leave a residue on the slabs that wears off over time with UV and walking on it. Or so the suppliers say, and in fairness this has been the case when we've used it anywhere. This didn't seem to be the case with the D2 and it left residue on the slabs for a long time.
Last September the client called us to say that they had tried to clean the slab using an acid based cleaning product - which in their wisdom they hadn't tried on a small section first! It reacted, we believe, with the D2 resin and left a whiter chalkier residue that couldn't be removed easily - even with wire wool.
We contacted the supplier and they provided us with the cleaning solution made by the manufacture for cleaning tools etc. We tested this on a small section, and with 2 coats it seemed to make a difference. The suppliers then gave us enough to coat the entire patio (all 150m2 of it!)
Obviously we needed a good run of decent weather in order to paint this product over every 900x600mm slab, leave it for at least a day and pressure wash it off. The year was not kind to us near the beginning, so the work couldn't be completed until now - when the weather and, unfortunately our diary, got better. We are snowed under with standard summer work now and fitting the work in is tricky.
I am reluctant, at the moment, to take on the work as the product used to point was specified by the client (we've loved it and used it since, but originally specified by the client) and the cleaning product used has obviously had a serious reaction causing the problem to be impacted.
My question is, from a legal point of view, should I be tackling this problem under warranty? Or, by trying to be nice and help out am I taking on legal ownership of this issue? We are, reasonably, happy to undertake the work with no pay - we like the clients, but I don't want to do the work ONLY to be blamed if it doesn't work as they wanted and be legally responsible.?
Thoughts?
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Replies
Hi Daniel
I would write out your concerns in advance to agreeing anything, making it clear to the client that you feel they've made matters worse and that you will help find a solution, but only in good faith.
I'm sure you've sussed this out by now but in the future, if a client specifies a product, that you will not accept responsibility for any failures. Obviously you have to discharge a duty of care and apply/lay anything to the manufacturer's recommendation, but there must be an understanding that things can and do go wrong.
Yeah that's what I figured I'd have to do... It was the only solution that I could find. The only problem comes when the client isn't happy to accept that they made a mistake....