damp guarantee

[around the house]

hi
we completed some dampproofing and used membrane on the walls the job done correct one year later the customer said damp has come through we tried to arrange a time to inspect but they did not make any dates there is a 30 years guarantee sent to them, now they are trying to bring me to small claims court for the re do of the job we sent independent surveyor who said they have mould not rising damp we had to pay 200 for this report , whos wrong here

 

[Doug99]

Show the customer the independent report and advise them that when they lose their case in court, you will be seeking costs.

 

[^woody^]

Surely, you have insurance to cover you? In any case, would they not claim on the 30 warranty not against you?

For mould to exist, there must be some raised moisture levels.

You can't rely on an "independent" surveyor's report when the surveyor was appointed by you and paid for by you. That's not independence.

 

[Ivor Windybottom]

Show the customer the independent report and advise them that when they lose their case in court, you will be seeking costs.

Neither side gets costs back in the small claims court.

 

[Ivor Windybottom]

Tell them to go away, leave them to do what they like.

Take your report along to the small claims court, together with your expert witness and explain the facts.

 

[ToolboxTalks]

This is a tough spot, but it sounds like you have a strong defense here. You tried to inspect the issue and they blocked you, which hurts their case for non-cooperation. Since your guarantee covers damp proofing and not general condensation/mold issues, you are likely in the right, but you need to present that report clearly in court.

 

[johnny2007]

Neither side gets costs back in the small claims court.

Usually.
When parties act unreasonably, vexatiously or refuse to apply the pre-action conduct and protocol, judges can and do impose costs and in some extreme cases even compensation.

I suppose you've received a letter of claim before the court's paperwork (form N1).
If not, that's another point in your favour.
Write to the customer explaining that you want to solve the matter amicably and ask them to do their own survey.
From what I see here, they want to blame you for something not related to your work; the judge will see this too.
Do whatever you think necessary to negotiate with them and be very transparent, answer all emails and keep things in writing.
Doing so will most likely get the case thrown out.