Brickwork mortar 1:11 cement to sand mix?
- Thread starter outmyway
- Start date
2x samples were taken, back and front just above DPC ...
Yes I do have legal cover, but their are only a very few solicitors who specialise in this sort of work, and I'd rather use one of them and reclaim the costs if they are confident on getting a better outcome with Bellway.
Even to get repointing up to 60mm deep might require a legal case ... or worse case if unsound a rebuild etc
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I have spoken to someone on another development with a similar mortar issue, who is taking a class action with 14 of his neighbours
Buying off plan you 'trust' the builder would build to spec, but they decided to go 'off piste' and slap it up with a 1:11 mix.
Bellway expect me to shut up and live with it ...
... you wouldn't accept that is say you bought a car not built to spec ... why should I with the biggest investment of my life.
NHBC or Bellway don't care about the longevity of the brickwork if cracks appear in 10+ years time.
They have their gold gold coins and just want me to shut up and go away - why should I!
Is the whole house affected or just samples of masonry? Cracks will appear regardless of mortar strength and sometimes because there is too much cement present.
You have to remember, your cards are marked one you start this dispute. If your career is telling you to move again in the near future, forget the litigation.
It's a latent defect, any claim will succeed.
A claim against the builder, the inspector and the NHBC as joint defendants will unlikely proceed past the initial letters as it they would want to settle it first. Damages, costs and remedial works would be agreed.
Don't accept any remedy proposed by the NHBC without independent advice from a chartered (insured) structural engineer that the remedy is acceptable and certifiable for the life of the building. No engineer would certify that house as it is.
Don't be wary of legal action. There is already a notifiable defect that will affect any future house sale.
A claim against the builder, the inspector and the NHBC as joint defendants will unlikely proceed past the initial letters as it they would want to settle it first. Damages, costs and remedial works would be agreed.
Don't accept any remedy proposed by the NHBC without independent advice from a chartered (insured) structural engineer that the remedy is acceptable and certifiable for the life of the building. No engineer would certify that house as it is.
Don't be wary of legal action. There is already a notifiable defect that will affect any future house sale.
Thanks ..... that's becoming my mindset the deeper I get into this
I can see that argument ... I think its possible to escalate things quickly through the legal process with the right expert witnesses, structural engineers etc ...
A friend of mine said the same thing about his new build. Said if it was a new car he'd have taken it back and demanded a replacement.
Car manufacturers have a different mindset. They need to keep their reputation, otherwise people won't buy their cars.
Major house builders don't have that problem as much, because most people buy because of location, and they've all got a bad reputation anyway.
Getting "all legal on it" - if the armchair lawyers on here can confirm a simple process that you can follow with a positive outcome in say less than 12 months I would certainly go for it.
If the reality is a stressful, costly, protracted battle that could stop you moving house for years and making you hate the house at the end of it I'd be putting pressure on the NHBC to repoint to a more adequate depth - I'm sure a report could be obtained from a suitable specialist that would confirm that this can be done and would represent an adequate repair.
I won't 'go legal' until I've had my own surveys done and presented those to NHBC ...So far during this process Bellway and NHBC want a cost neutral repair, so they will put blame on the original bricklayers and instruct them to rectify for gratis. Not the solution I want ...
Friend of mine had R*dr*w rebuild his house after defects were discovered. A development just outside Sittingbourne. I am sure they eventually bought it back off him, knocked it down and then rebuilt it.
If you look at the NHBC directors you will see that they are all directors of the big house building companies and hardly independent.
If you look at the NHBC directors you will see that they are all directors of the big house building companies and hardly independent.
Yes, it's an incestuous relationship between the members and the governors. The rules and specification are biased and beneficial towards the builder members - who bizarrely are the ones who fund the NHBC in the first place.
The public are led to believe that the NHBC look after their interests and will fight their corner and the government promote this falsehood as if the NHBC is some quasi-watchdog body. They do their utmost to prevent and minimise claims, not assess them independently and fairly.
Their only significant competitor Zurich, pulled out of the market in 2009 due to resistance and hindrance at high levels.
Allowing NHBC to act as building control, then to be the warranty provider is also a major conflict of interest.
The New Homes Ombudsman looks to address customer issues with developers and NHBC.
But is only valid for reservations made after 4th Oct 2022 - I fall just outside of that.
This advice was given by a member of the building trade.
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