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Warrantee on new extension and flat roof

Discussion in 'Building' started by panlondon, 28 Jan 2021.

  1. panlondon

    panlondon

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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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  3. denso13

    denso13

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    1 year workmanship but longer for material warranties is not unusual. Very difficult to prove a material/manufacturing defect.
     
  4. panlondon

    panlondon

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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.
     
  5. KenGMac

    KenGMac

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    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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  6. Notch7

    Notch7

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    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)
     
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  7. ^woody^

    ^woody^

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    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
     
  8. ^woody^

    ^woody^

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    WTF? A roof is supposed to last longer than 12 months, no evidence is required. :rolleyes:
     
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  9. denso13

    denso13

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    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.
     
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  11. ^woody^

    ^woody^

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    Yeah, a picture of the roof with no damage.
     
  12. johnny2007

    johnny2007

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    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.
     
  13. denso13

    denso13

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    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.
     
  14. johnny2007

    johnny2007

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    It is relatively straightforward, but as said, the problem is not obtaining a ccj, but enforcing it.
     
  15. denso13

    denso13

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    I know that, but not quite as simple as saying "my roof is leaking and it shouldn't be, therefore I win."
     
  16. ^woody^

    ^woody^

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    Yeah, but it needs to be at least 18 megapixels and colour
     
  17. ^woody^

    ^woody^

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    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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