Are there any fixtures on the roof like a velux skylight or a vent pipe that protrudes through the roof. I had a leaky roof 2.5 years after the builder did the work. I called him and he around in the hour - went up and spotted that some sealant had failed. He could at least come and have an inspection to check if it is something obvious.
Warrantee on new extension and flat roof
- Thread starter panlondon
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WTF? A roof is supposed to last longer than 12 months, no evidence is required.
The builder will just say in court: "there is no fault with this roof"
Without expert evidence, the magistrate won't have a clue.
It leaks!
What more evidence do you need???
Well first it's not a magistrate. Secondly the Judges are not as clueless as you may think, and do have homes, families, extensions and some common sense and understanding about what a roof is and what it is meant to do.
Presented with a photo of a big brown stain on a ceiling and a statement from someone saying how the drips in their cornflakes one morning implied that something was afoot, the Judge may well think that something was wrong with the roof.
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I agree that would be the sensible thing to do, however, as always, we only have one side of the story. I'm not saying the OP is wrong or misleading at all, because we just don't know, but there could be a number of reasons why the guy won't go back.
The idea that you can simply turn up at court with a photo and say the roof is leaking therefore it must be a latent defect is ridiculous.
Again, no slight on the OP, but things are often not as clear cut as they seem.
If a roof leaks there's something wrong with it.
Everybody knows this, even judges, believe it or not.
This doesn't mean that the op can just show up in court and say that the roof is leaking.
He will need to gather evidence: pictures, videos, surely a quote (or more than one) to repair the roof and quantify the claim.
All of this not before having exhausted all the pre-action protocol proceeding in order to give a chance of remedial to the roofer.
But the main point is that if a roof leaks, a good guess would be that there's something wrong with it.
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I'd go further and say there is definitely something wrong with it. I agree with everything else you say by the way.
Hi,
Thanks for all the answers, i have found his insurance documents, and he has cover up to £5M. Can i take it with his insurance directly then? is this what you mean? I will of course contact him again but as the matter is rather pressing with water coming down the roof can i go directly to the insurance? He definitely has assets, the company is large.
What should i do next do you think assuming he does not reply. Thank you.
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Perhaps check if your own insurance has any legal advice cover. If the leak is causing damage you should perhaps employ someone else to find out exactly what is wrong and carry out a temporary repair if possible.
The cost of this can be added to any future claim.
We are both wrong:
"Small claims courts do not use juries, and cases are decided by a judge or magistrate."
The judge or magistrate still wont have a clue
how much will the remedial work cost? -the magistrate or judge would need to know.
is it a bit of silicone, or a complete re roof?
No, one of us is wrong.
It's in the County Court, not Magistrates Court. Does that help?
You do know that magistrates are not legally qualified, so can't hear civil claims? Well now you do.
They will know.
The claimant must state how much he is claiming, why and for what. The judge will assess that claim value and moderate it as necessary.
That's why the op need to get remedial quotes, so to quantify his claim.
Come on, do we always have to state the very obvious???
Can we, for once, pretend that we are all human beings able to reason like reasonable people?
We really don't need to state the "no shyt sherlock".
Thank you all! So small claims court is definitely an option and it's just me the judge and the defender and any documents. 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. Thanks for any answers.
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