Is it Worth Suing the Builder ?

CrosswordFan_2

I bought a newbuild flat in late 2005 and recently had the bathroom inspected by a plumber. He found the bath (which has an overhead shower) was badly installed and that had lead to it moving around slightly while tenants were using it. This in turn lead to cracking in the tiles around the bath, allowing water to get behind and saturate the plasterboard. The net result is that a lot of the plasterboard behind the bath is rotting away and he quoted around £1000 to do a complete fix including putting waterproof boards to replace the tiles. I’ve had to ban the current tenant from using the shower until I can get it fixed.

I tried to claim this under the building insurance policy but they would have none of it and nor would NHBC because it was outside of the 3 years that they cover. Since I genuinely think this is poor building work rather than just wear and tear, the only option that remains would be to start a small claims action against Taylor Woodrow, the original builders of the estate. However, with such a large time lag since the original construction of the building, is there any chance of this succeeding ?

sooz

In the last 5 years have you replaced any grout, any cracked tiles or the silicone seal?

CrosswordFan_2

No, nothing has changed since the flat was purchased.

Sammy85_2

Its not something that happens overnight, things have to move, water has to seep, things crack etc etc. You havent taken any measures to limit the damage before now?

CrosswordFan_2

I wasn't aware of any damage until now. The problem only really came to light when there was a leak from an upstairs flat and I got the plumber in to see if it was coming from anywhere inside my flat. While he was there, I asked him to check the grouting around the bath and that's when the problems were noticed.

sooz

Sorry, then I think you have no chance.

The plumber, like any other professional, has come in & said 'who did that, as it's not how I would do it?'

If it had really been terribly installed, & was leaking from the start, in 5 years you may have noticed the downstairs ceiling collapsing, or the tiles falling off the walls.

Bath & showers get wet. Every day. They need maintenance. You've done none in 5 years.

Sammy85_2

sooz wrote: »

Sorry, then I think you have no chance.

The plumber, like any other professional, has come in & said 'who did that, as it's not how I would do it?'

If it had really been terribly installed, & was leaking from the start, in 5 years you may have noticed the downstairs ceiling collapsing, or the tiles falling off the walls.

Bath & showers get wet. Every day. They need maintenance. You've done none in 5 years.

And that is probably exactly what your insurers thought when you approached them. The builder is unlikely to entertain your claim and small claims court may also take the same view.