Warrantee on new extension and flat roof

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Hi,

I had an extension built about 1.5 years ago. Unfortunately the flat roof which is fibber glass shows signs of water penetration and this is causing issues with the kitchen electrics. My builder is saying that the works had a warrantee for only 1 year!. There is nothing in the contract to mention the 1 year and he never mentioned to me the 1 year when we were drafting the contract. Is this legal cause other things have gone wrong since, plus other small mistakes with the works. But my main issue is the roof.

Can this be legal, i always thought that builders have to have 10 years warrantee. This is major works which cost 100k plus, not just some small repair. I saw that Small Claims court might be an easy option as he is not returning my calls and he basically told me that 1 year is his limit.

Thank you for any advice.
 
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1 year workmanship but longer for material warranties is not unusual. Very difficult to prove a material/manufacturing defect.
 
OK, well the ceiling is leaking underneath, i can measure the moisture content and the paint if flaking. Do you think i can take the litigation route as he is not responding to my calls anymore.
 
Does your "Builder" advertise anywhere?

If so see what his advert now states about roof [and other] warranties ?

Another way of "taking action??" if the Builder has a Facebook page then start contributing to it ???

Finally, was the roof backed by a [so called] "Insurance backed Guarantee" ?

Ken
 
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OK, well the ceiling is leaking underneath, i can measure the moisture content and the paint if flaking. Do you think i can take the litigation route as he is not responding to my calls anymore.

If you have reason to believe the work is not fit for purpose, I don't think a 1 year guarantee would rule out any claim.

You would need to provide evidence....key would be correspondence with a timeline showing that you have had on going problems.

You would need to offer the builder an opportunity to rectify with a reasonable timescale and if he doesn't you can tell him you would arrange your own contractors and charge him for the cost.


I doubt you would get far in the small claims court without some evidence the work is not fit for purpose.....which would mean you paying for an expert to investigate and write a report ( RICS surveyor, for example)
 
Can this be legal,
No
You have at least three years, normally more (six or 12 if you had a signed contract or deed) to make claims for latent defects (defects which were there but hidden).

This is separate from any explicit warranties or material guarantees
 
no evidence is required

What about damage caused by others? Can't possibly be the builder's responsibility, you'd need some sort of back up if you are alleging a latent defect.
 
What about damage caused by others? Can't possibly be the builder's responsibility, you'd need some sort of back up if you are alleging a latent defect.
Yeah, a picture of the roof with no damage.
 
As woody said, any reasonable person would expect a roof to keep dry for a lot longer than 18 months.
So there would be no problem winning a county court case.
HOWEVER... The main point is: can he pay you if you win???
If the work was done under a limited company cover, forget about it.
He can shut the limited company and start again in no time, in fact, the same day.
If he's not used a limited company to do your work, then he's personally responsible.
Now the best part comes: has he got any assets?
Lives in his own house?
Owns a decent vehicle not on finance?
In other words, has he got enough to pay you?
All of this must be considered before starting a county court claim.
Unless you're happy with messing up his credit line for 6 years, in that case, go for it regardless.
 
I saw that Small Claims court might be an easy option

Seems to be easier than I thought and I've know high cost ones to take years. The advice seems to be that you take a photo of the roof, go to court and you can't lose.
 
Seems to be easier than I thought and I've know high cost ones to take years. The advice seems to be that you take a photo of the roof, go to court and you can't lose.
It is relatively straightforward, but as said, the problem is not obtaining a ccj, but enforcing it.
 
Obviously with any court claim the claimant must produce enough evidence to satisfy the court that their claim is valid. It does not mean pages of expert reports, but it can be just a witness statement or indeed suitable photos or a single document. This is an extension roof not the millennium dome, so its a few of thousand pounds value at most, so no solicitors or specialist legals need be involved

Each case will turn on it's own facts and the need to support a claim will vary, depending on the complexity.

The merits of any claim and the likelihood of getting any money off the defendant are to be considered, but there are options and ways and means, it can be relatively easy.
 

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