Shafted by Hetas registered Builder

nande2000

Im not sure if there is anything i can do (i've already emailed HETAS and my local Trading standards for advice).

Bascially the situation is that in June last year i called in a Hetas registered company (after advice from a sweep) in to quote on fixing a rendered Chimney stack that had severe cracks in it, the company surveyed the property and made a proposal to fix, subject to the state of the chimney stack after removing the render. We agreed a price and the work went ahead. After the render was removed they explained that the whole stack was cracked through and needed replacing, but that the rest of the Chimney was sound. The price was amended and the work was completed. Everything was fine until about a month ago when cracks again started appearing in the new Chimney stack, I informed the builder and today they have come back to look at what the problem is.
They are now telling me that the foundations of the chimney are not in line with current building regulations and that is what it causing the cracking and that their workmanship is sound and that there is nothing they can do. So in effect I have paid a large amount of money for someone to replace a cracked chimney with another cracked chimney. Can they really do that, dont they have an obligation to check what was causing the problem before rushing off to do some work ?

Any positive suggestions welcomed...

muckybutt

My next step would be to instruct a surveyor to do a full inspection and obtain a report as to the chimney condition, then go from there on the findings.

nande2000

I was thinking along the same lines, do you mean a chartered surveyor, RICS qualified ? Will they just quote building regs or will they look at the strucutre to see if it is sound ?

No doubt the builder is correct saying the foundations aren't up to current regs as its a 50 year old house, but the question is whether they are structurally sound. Personally I think he is reaching for an excuse and the real reason is strong winds moving the mortar (having googled it some people recommend reinforcing stacks with metal poles as the mortal can take several months to dry and reach ful strength). I've already had to get him back once before as the chimney cowl blew off.

muckybutt

I would use a structural engineer to do the survey, they should be able to see any movement from ground or foundations giving way.

nande2000

Spoke to a couple of chartered surveyors this morning and they both agree with me that its not structural. There are no other cracks i can see on the chimney other than on the stack (checked the brick in the loft this morning and it is fine). Also the type of cracks, horizontal, spreading top down points to expansion. If it were a structural fault they said you would expect to see 'zig zag' cracks going bottom up. One possibility is he hasnt left a big enough air gap between the flue pot and the brickwork and it is pushing the brick out when warm.

Have emailed said builder asking nicely for him to come back to reticfy the work (render needs knocking off, brick work needs to be checked and possibly repointed, then re-rendered). If he says no i can try to get Hetas to mediate, but their remit would be limited to the flue, if that doesnt work then I guess i have to pay for a formal structural report and off to the small claims court we go.