Warrantee on new extension and flat roof

[kingandy2nd]

You do not understand insurance correctly in this context. It will not cover any defective workmanship. It will likely insurer him against injuries caused on your property by his work/workers. His insurance protects him and not you.

As has been mentioned above, many home insurance policies include legal cover and also have a legal helpline, check your policy. They can initiate a legal claim on your behalf if there is a good prospect of success. The offset is that you have a claim registered against your policy.

The best thing you can do is find a template for the first stage of small claims court and follow the process - send a recorded delivery letter stating the problem (defective roof he built), your expectation (roof repaired), a timescale to rectify (2 weeks), and the consequences of non compliance (you will get another to repair and seek to recover all costs from him via court).

 

[johnny2007]

You do not understand insurance correctly in this context. It will not cover any defective workmanship. It will likely insurer him against injuries caused on your property by his work/workers. His insurance protects him and not you.

As has been mentioned above, many home insurance policies include legal cover and also have a legal helpline, check your policy. They can initiate a legal claim on your behalf if there is a good prospect of success. The offset is that you have a claim registered against your policy.

The best thing you can do is find a template for the first stage of small claims court and follow the process - send a recorded delivery letter stating the problem (defective roof he built), your expectation (roof repaired), a timescale to rectify (2 weeks), and the consequences of non compliance (you will get another to repair and seek to recover all costs from him via court).

County court doesn't work like that.
You must quantify your loss before starting a claim.
That's why it is paramount to follow the pre-action protocol and give notice to the roofer.
Then if the roofer ignores you, you get a couple of remedial quotes and request this sum from him.
If after 14 days from the final letter before action he's not paid up, you start a money claim online (mcol).
You can't go to court asking to repair the roof, you must have suffered a loss and quantify it.
For the "no shyt sherlock" team: of course this is the brief version of what should happen and there are exceptions to the above, however, they are IRRELEVANT to the op's case.

 

[johnny2007]

Op, the most important thing is to be sure the roofer can pay a county court judgement.
Having a large firm is not an indication of having assets, in fact, large companies work on a loss, hire all of their tools and have plants and vehicles on finance.
In other words you'll never get a penny out of them.
Your first step is to check if your paperwork mentions a limited company or not.

 

[kingandy2nd]

County court doesn't work like that.
You must quantify your loss before starting a claim.
That's why it is paramount to follow the pre-action protocol and give notice to the roofer.
Then if the roofer ignores you, you get a couple of remedial quotes and request this sum from him.
If after 14 days from the final letter before action he's not paid up, you start a money claim online (mcol).
You can't go to court asking to repair the roof, you must have suffered a loss and quantify it.
For the "no shyt sherlock" team: of course this is the brief version of what should happen and there are exceptions to the above, however, they are IRRELEVANT to the op's case.

Dude, what are you taking about? Stop trying to discredit people when you are incorrect.

I have only quoted the first step - which is BEFORE court and giving the builder the chance to rectify.

Any court will not entertain a submission of a claim if you’ve not followed this step of attempting to resolve outside of court.

 

[johnny2007]

Dude, what are you taking about? Stop trying to discredit people when you are incorrect.

I have only quoted the first step - which is BEFORE court and giving the builder the chance to rectify.

Any court will not entertain a submission of a claim if you’ve not followed this step of attempting to resolve outside of court.

Exactly!
That's what is called PRE ACTION PROTOCOL.

 

[kingandy2nd]

Exactly!
That's what is called PRE ACTION PROTOCOL.

Does matter what the official name is, is it not the first step in making a claim?

The OP is looking for help. I say first step in process, you say pre action protocol. Op says what’s precaution protocol- well it’s the first step in making a claim where you write a recorded letter...

so yes, the court does work like that despite your claim it doesn’t.

Stop being petty

 

[denso13]

How about his insurance cover? My understanding is that builders take insurance if something goes wrong and in my case it has and i can prove it. If he refuses to rectify then can i contact his insurance company.

Forget about his insurance, that is just a red herring. You can't claim on it and they probably won't pay out on poor workmanship anyway, as already mentioned.

 

[johnny2007]

Does matter what the official name is, is it not the first step in making a claim?

The OP is looking for help. I say first step in process, you say pre action protocol. Op says what’s precaution protocol- well it’s the first step in making a claim where you write a recorded letter...

so yes, the court does work like that despite your claim it doesn’t.

Stop being petty

You said I was incorrect, when in fact you are.
Loss must be quantified.
A county court cannot make the roofer repair the roof.
They must have a figure to go ahead with the claim.
In any case, the pre-action protocol must be followed and mentioned in the official communication with the roofer.

 

[kingandy2nd]

You said I was incorrect, when in fact you are.
Loss must be quantified.
A county court cannot make the roofer repair the roof.
They must have a figure to go ahead with the claim.
In any case, the pre-action protocol must be followed and mentioned in the official communication with the roofer.

Where did I say that the court would make the roofer repair the roof or that a loss doesn’t need to be quantified? Please quote my message.

Basically you have said i was incorrect, then repeated what I said. I.e send a letter requesting remedial action otherwise court action will follow.

Jebus

 

[kingandy2nd]

The best thing you can do is find a template for the first stage of small claims court and follow the process - send a recorded delivery letter stating the problem (defective roof he built), your expectation (roof repaired), a timescale to rectify (2 weeks), and the consequences of non compliance (you will get another to repair and seek to recover all costs from him via court).

That's why it is paramount to follow the pre-action protocol and give notice to the roofer.
.

Here’s the matching bits @johnny2007 to help you out mate.

now tell me where the other things were said.

And in fact you are wrong. A person has a right to talk reasonable actions to remediate a situation which ultimately may result in further damage or loss.

If the court will decide if the action was reasonable - I.e was the defendant given reasonable opportunity to repair before unilateral action was taken by the claimant.

A fix timeline, or need to get other quotes before giving builder a final chance to fix is just ******.

 

[johnny2007]

You do not understand insurance correctly in this context. It will not cover any defective workmanship. It will likely insurer him against injuries caused on your property by his work/workers. His insurance protects him and not you.

As has been mentioned above, many home insurance policies include legal cover and also have a legal helpline, check your policy. They can initiate a legal claim on your behalf if there is a good prospect of success. The offset is that you have a claim registered against your policy.

The best thing you can do is find a template for the first stage of small claims court and follow the process - send a recorded delivery letter stating the problem (defective roof he built), your expectation (roof repaired), a timescale to rectify (2 weeks), and the consequences of non compliance (you will get another to repair and seek to recover all costs from him via court).

Somehow this post sounds very different from when I challenged it.
I'm either going senile or it's been edited...

 

[kingandy2nd]

Somehow this post sounds very different from when I challenged it.
I'm either going senile or it's been edited...

You can see when a post was lasted edited, bottom right of the post. 8.17am it was posted and not been changed since.

Feel free to refer yourself to medical professionals for testing of your mental capabilities...or you could just hold your hands up and say you mis-read or misunderstood my original post

 

[kingandy2nd]

You have even quoted my message- even if I did change my original post (which I haven’t) it does not change your quote of my text

 

[johnny2007]

You have even quoted my message- even if I did change my original post (which I haven’t) it does not change your quote of my text

True, my fault.
I misread your post.
Sorry

 

[^woody^]

The small clams track in the County Court (commonly called the small claims court) is intended to be a simple, fuss free procedure that people can use without legal representation or specialist knowledge of the court and legal system.

There is no pre action protocol for this very reason.

There is actually no requirement to allow the builder to rectify the work first before making a court claim. However the actions of a claimant may influence the perception of that claimant (and his claim) by a judge.

In reality, the parties will be offered mediation before a claim is allocated a court hearing.