We found rotten joists after lifting the floor. Who pays?

Situation

Alex’s contractor removes a bathroom floor covering and discovers three badly decayed joist ends. The accepted scope allowed for replacing the floor finish, not repairing concealed structural timber.

The bathroom is now open. Waiting feels expensive. Alex worries that the contractor is using an unseen condition to increase the price. The contractor worries that making the area safe will be treated as part of the original fixed figure.

The first record

The contractor records photographs, location and a description before removing more material than necessary. The original scope and assumptions remain visible. The issue is not labelled automatically as the customer’s cost or the contractor’s fault.

The question

The parties establish:

• whether the condition could reasonably have been identified earlier;
• what the contract says about concealed conditions;
• whether temporary safety work is required;
• whether an engineer or other professional should advise;
• which options exist;
• the price and programme effect of each option.

The proposal

After professional input, the contractor proposes replacing the affected ends and strengthening adjacent timber. The variation records £1,950, two additional working days, the affected bathroom milestone and photographs. It distinguishes immediate temporary support from permanent repair.

Alex asks why all three joists need treatment. The contractor adds the professional detail and revises one part of the description. Alex then accepts the explicit proposal and the project record updates.

What did not happen

The contractor did not continue and place £1,950 on the final account without discussion. Alex did not assume that every unforeseen condition must be included in the original price. Assurr did not decide who was legally responsible or whether the engineering solution was correct.