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Advice please. (potential legal, and urgent)

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  • 07-02-2008 10:25pm
    #1
    Registered Users Posts: 7,580 ✭✭✭


    My pump has stopped working.
    I was going to take it on the chin, 16 months after moving in to a new build apartment block. Looking up the manual to see if I could figure out a simple problem and not incur an unnecessary call out charge.

    Front page of a very lengthy manual "The pump must not be used in the water supply line to a washer
    drier or a condenser drier, which uses a constant flow of cold water to
    aid the condenser drying process, as damage can occur to the pump
    "

    Needless to say, this instruction had not been followed.

    I have contact details for the developer, the plumber, the pump supplier.

    I no longer consider this 'my problem' as such. My contract is with the developer, so if this were something non essential I would follow up with them and let it play out.

    We're all beginning to smell, and I need it repaired nigh on immediately. Who should I contact?

    Additionally, there is every prospect that all the apartments are in the same boat as me, as the washer/dryer was standard spec with the units. This will colour the response of whomever I contact.

    I can afford to have it replaced independently, and let the situation play out, but I'm not sure if this prejudices my case in anyway (including claiming the cost of having the independent plumber do the work)

    Thanks.


Comments

  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    One option is to get 2 independent plumpers to inspect and report on the issue. Then submit that to the developer/builder.

    Make sure you document everything.

    Best of luck.


  • Registered Users Posts: 7,580 ✭✭✭uberwolf


    do I have one of them repair it whilst they're at it?


  • Registered Users Posts: 78,400 ✭✭✭✭Victor


    We can't give legal advice - that what a solicitor is for. We might however, be able to give you some pointers.
    uberwolf wrote: »
    We're all beginning to smell, and I need it repaired nigh on immediately. Who should I contact?
    Mother. :)

    More seriously, what you need to do is take pictures of the installation and get it sorted. Your contract is with the developer (or whoever the contract is with) and that is your first point of contact. They are likely to fob you off*. Next point is asking the plumber / plumbing system designer - do you know who these are? They are likely to fob you off. You then ask the professional organisations that the developer and plumber are part of. HomeBond are likely to say that such a thing isn't covered. Mention product liability and professional indemnity insurance. :)

    Ask your neighbours (all of them?) if they have similar problems. Get more photos. If necessary band together as residents and hire a solicitor between you.

    Is there a break tank or expansion chamber between pump and washer?

    None of that is likely to get you a shower in the next week, so in practice, you will need to be able to find a plumber who can (a) get you a new pump and (b) solve the problem permanently. Get at least 3 written quotes, explaining what needs to be done. Put the vendor on notice by courier or registered post that they have 3 days to solve it (temporarily) or that you will need to go elsewhere and bill them for it.

    I imagine a new pump would cost anything from €100-300, but the fix might be simple** or complicated**. As to whether appliances will need new pumps, I don't know. You might start thread on Gardening and DIY or Electrical.

    * They are likely to claim it is a patent defect that you should have discovered during the Defects Liability Period, typically 1 year.
    ** It is possible the washer feed should come off the pipe before the pump - 30 minutes work.
    *** Additional fittings and partial replumbing - a few hours work + €.


  • Registered Users Posts: 7,580 ✭✭✭uberwolf


    the pump alone is looking like 600 or so for a direct replacement.


  • Registered Users Posts: 18,988 ✭✭✭✭Del2005


    uberwolf wrote: »
    My pump has stopped working.
    I was going to take it on the chin, 16 months after moving in to a new build apartment block. Looking up the manual to see if I could figure out a simple problem and not incur an unnecessary call out charge.

    Front page of a very lengthy manual "The pump must not be used in the water supply line to a washer
    drier or a condenser drier, which uses a constant flow of cold water to
    aid the condenser drying process, as damage can occur to the pump
    "

    Needless to say, this instruction had not been followed.

    Sorry, but how do you know this if you aren't a plumber and haven't had anyone out to look at it? I'd be wary of going all guns blazing without 1st making sure the pump hasn't just failed prematurely. I'd start with getting a plumber out to have a look at the problem. If it's down to incorrect plumbing, then start chasing people, but I think you'll have to pay to have the pump replaced casue I don't see anyone else responsible paying out without you having to chase them.

    You'd be looking at €1000+ for replacing the pump when you add labour.


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  • Registered Users Posts: 7,580 ✭✭✭uberwolf


    I'm going to try the foreman this morning.

    My reasoning is this. Both the hot and cold water pass through this pump, save for the mains in the kitchen, where the cold water bypasses the pump. So far so normal.

    The pump is audible whenever a request is made of it. The pump starts up when the washing machine /dryer is on.


  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    My understanding would be that when a washer/dryer etc need hot water (above 0c) then it will take water from the tank. When it needs cold water, it just takes it from the mains.

    So, maybe everything is correct?


  • Registered Users Posts: 9,790 ✭✭✭antoinolachtnai


    What is the make/model of pump?

    Have you actually examined your plumbing?

    Do you know for certain that your washer/drier uses a constant flow of water to aid the condensing process? It may do, but I'd be surprised enough if it does.

    On the legal side: If you do indeed had a problem with this, you really should have flagged it at the snag list stage, not now. The builder has almost no obligation to you at this stage. This is not like buying a playstation or a car. Sales of property are basically final. If the property is new, you might be able to avail of the homebond scheme. But that is unlikely to be very satisfactory.


  • Registered Users Posts: 292 ✭✭RIRI


    On the legal side: If you do indeed had a problem with this, you really should have flagged it at the snag list stage, not now. The builder has almost no obligation to you at this stage. This is not like buying a playstation or a car. Sales of property are basically final. If the property is new, you might be able to avail of the homebond scheme. But that is unlikely to be very satisfactory.

    Homebond only covers the structure of the building, it doesn't cover any installations or anything with moving parts. Your builder may have a case to answer here but you should have this checked out independently & copy the builder & developer with a report from a plumber, if indeed the pump is installed incorrectly.

    Hope this helps

    Just reading back on your original post - you would definately have a had a problem with this sooner than 16months in if the pump was incorrectly installed imo. Highly unlikley the builder/developer will cover this at this late stage. Well worth copying them on any reports all the same though - you never know.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Yeah, it may or may not be something that a surveyor should have picked up on, but perhaps some pumps are designed to cope with appliances, whereas others are for showers/sinks only? If this is the case, then a surveyor could easily not see it and the builder is negligent.


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  • Registered Users Posts: 414 ✭✭what2do


    One other option is to contact your management company who may be able to tell you whether this has been an ongoing issue for other tenants and if so may be able to advise you whether the builder may cover the costs.


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