I operate a very small cleaning business, At present I have 1 major contract which is performed twice weekly, our
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Customer: I operate a very small cleaning business, At present I have 1 major contract which is performed twice weekly, our current climate restricted any other cleaning jobs I had, I sometimes gets approached by another business owner to do cleaning jobs, usually exit cleans for properties going up for sale. I have been doing this for a couple of years. I guess that makes me a sub contractor, though no type of contract has ever been written up, I invoice this company at the end of the job and he usually pays immediately, no problem, The last clean I did, my steam mop made a mark on the floor, I offered to rectify this but was turned down as there was no time suitable for the home owner and the business. I was told to get in touch with my insurance company and lawyer. have neither of these. my business is too small to warrant this. the business owner who contracted me to do the job has got his insurance company to fix the floor but he is now asking me to pay his excess of $1000. I need to know legally where I stand on this issue please
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by state.
Customer: i am located in Auckland New Zealand
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I dont think so
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by state.
Customer: i am located in Auckland New Zealand
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I dont think so
Answered by Chris The Lawyer in 2 hours 2 years ago
Chris The Lawyer
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Chris The Lawyer, Expert
Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question
Chris The Lawyer, Expert
If you did the damage you are liable for the reasonable costs of repairs. You should however have been given the chance to repair yourself. If they have repaired using a contractor through their insurance company, you should ask for the details and the invoices. If you think the repair costs were excessive you can tell the business owner that you dispute the claim and that you would want this heard in the Disputes Tribunal if they want to pursue the claim
Customer
Hello ChrisI did view this reply from you yesterday and I did reply. it was all done from my phone at work so maybe I missed a step somewhere so you did not receive my reply.
I have never been given the opportunity to 'right' this 'wrong' I also replied with this......
The person who employed me to do this clean has asked me to pay the excess of his insurance claim of $1000, he said I could pay him back at $20 week, I thought I would deduct payment from my last invoice that he has not paid, I asked you if you thought this was legal and fair??regards
Megan
I have never been given the opportunity to 'right' this 'wrong' I also replied with this......
The person who employed me to do this clean has asked me to pay the excess of his insurance claim of $1000, he said I could pay him back at $20 week, I thought I would deduct payment from my last invoice that he has not paid, I asked you if you thought this was legal and fair??regards
Megan
Chris The Lawyer, Expert
I think you need more information about the damage before you offer to settle. I don’t know what damage was done but a steam cleaner would not be that powerful unless there is something more to this. Even $1000 seems excessive and you are entitled to see details of the claim and payments made by the insurer. If you could have repaired for much less then you should have been given the opportunity to do so. You may trust this person to be truthful however. But you could deduct this from your invoice if you want.
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