Insurance Companies contractor damaged property,want me to pay up before reimbursing

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A building contractor from an insurance company did some work in my house in relation to structural testing for an insurance claim that has been dragging on for a number of years. In the course of their work they damaged the lino in my kitchen.

I complained to the insurance company about the damage and they advised that building contractor would reimburse me for the Lino.

I sent the building contractor a ‘quote’ for the Lino but he would not accept the quote.
He wanted me to pay up front and supply him with a VAT invoice.

Is this reasonable?

I would prefer if he paid me directly and I can get the Lino replaced when it suits me.

1.) Because I do not have the money to pay up front, I will need to get a short term loan.
2.) I do not want to get the Lino replaced immediately. I want to wait until the claim is settled / closed (this could be a minimum 6 months down the line). The insurance companies contractors have already done four excavations and assessments of my property and may require further testing, there is a high chance that more damage will occur if more testing is requested.

Can somebody give me advice on how I should approach the building contractor in order for them to compensate me directly?

Carawaystick

Go back to the insurance company, and tell them that their agent damaged your home, so the insurance co should reimburse you.
escalate the issue following the insurance co's published grievance procedure to the insurance ombudsman if necessary. The Insurance co are trying to fob you off.

RGS

The insurance company are not liable for the actions of independent contractors. The builder will have public liability insurance to cover these type of damages.

The builder is entitled to seek a VAT invoice for the lino. You want the builder to pay for the lino including the VAT( which is government money and only paid to the government by the retailer when the goods are sold) when you are not buying the lino.

You would be entitled to seek the net amount of the cost and seek the VAT element when you purchase the lino and supply a VAT invoice to the builder.

Pat Mustard

In tort, person is entitled to be put back in the position in which they were prior to the loss/damage.

For example, if replacement lino costs €113.50 (€100 + VAT@13.5%) then €100 isn't going to put the OP back in the position in which he/she was prior to the loss/damage.

Defendants are entitled to seek vouchers to evidence a plaintiff's claim. This does not necessarily mean VAT receipts.

Otherwise, only people with money could sue builders for negligent building work, because they'd have to get the remedial work done in order to produce VAT invoices to support the claim. It just wouldn't make any sense.

I think that you may have made certain assumptions about the OP's position with regard to VAT here.

Victor

RGS wrote: »

The insurance company are not liable for the actions of independent contractors.

I wouldn't necessarily agree. There would be the somewhat limiting factor of privity - the property owner has no legal relationship with the building.

In particular, we don't know if we are dealing with the property owner's insurer or the original builder's (or other party's) insurer, e.g if the current builder's works were in relation to a pyrite or dodgy drainage claim.