Bad Job on New Fence

bris

The storm was unforseen and an act of God, no one is to blame, however your house insurance will cover it.

BlueAngelCV

bris wrote: »

The storm was unforseen and an act of God, no one is to blame, however your house insurance will cover it.

Really? It was unforeseen that there would be strong winds at this time of year?

It very much depends on exactly what work was still required and you will need to question him on this. It is very possible that he may be liable if he left the fence in an unsafe state.

Does your home insurance include legal cover? It may be worth reporting to them for them to pay to fix it and then pursue he builder.

bris

BlueAngelCV wrote: »

Really? It was unforeseen that there would be strong winds at this time of year?

This wasn't just strong winds.

The storm caused millions of pounds worth of damage and wreaked havok all over the country, do you think it was the only fence to get blown away?
Do you think I have a case against my builder, I lost over 15 tiles from my roof.

BigMarv

Thanks for the help guys. I'll see if I have legal cover as part of my home insurance.

Someone will correct me if I am wrong, but I think generally home insurance does not cover the "garden" i.e. fences, walls, trees, etc. I know in my case my wall is not covered as it is not physcially attached to the house.

Also I'd rather not claim against insurance, as it will affect my premiem, etc. Also I dont want to give the builder an excuse to slope his shoulders and do a runner.

Surely, if he was working on the fence at the time, he should have left it in a safe state and, if needed, any damages should be coming out of HIS business insurance?

Besides, what is acceptable performance from a fence in strong winds? A good fence would be ok. If your unlucky an average fence might bow or lose a couple of panels. But a poor fence would fall over in its entirity and cause damage. Thats the point I am trying to make.

BigMarv

bris wrote: »

This wasn't just strong winds.

The storm caused millions of pounds worth of damage and wreaked havok all over the country, do you think it was the only fence to get blown away?
Do you think I have a case against my builder, I lost over 15 tiles from my roof.

Depends, did he work on it the day before the storm, tell you it will be fine in bad weather, and that he will come and finish it in a couple of days, then the storm hits?

Hintza

Marv there will be two sides to this story and the builder I can see will argue that you didn't scope the works adequately. I haven't a clue how this will pan out but your only option will be to see professional advice.

vax2002

One question nobody has asked :
Have you paid ?

BigMarv

Yes I have paid.

vax2002

Payment is completion of contract.
It is your way of showing that the work was completed to a standard that you were satisfied with and no outstanding snaggings or work were left to finish.

A cruel hard lesson in life I am afraid, you pay, the job is finished, anything verbal is just hot air.
Learn from this.

BigMarv

Ouch.

Even though on his invoice he wrote that there was work he was going to complete?

Doesn't the "Sale of goods and Services Act" come into play here. I.e. something must be fit for purpose?