Can I expect a repair from the builder?

doberryfirkin

I bought a house in 2010 as new. It had an electric heating system installed by the developer / builder. I recently had the system inspected / maintained by the original manufacturer (OEM). They have informed me that the system requires some 'repairs' due to incorrect installation, a situation I would not have been able to anticipate. The equipment is outside its original warranty period. Should I expect either the builder or the installer they used to install the system to make good the system based on the OEMs report? I suspect the builder may claim the installer was at fault etc etc. What's the legal situation or is it now up to me to make good?

brightontraveller

Right or wrong installation immaterial if its out of warranty period you pay ?


Sounds as if never been inspected / maintained until it went wrong? if it was why hasn’t anyone mentioned it before? sounds more like BS or crappy system to start with what system is it?

Doozergirl

The builder's liability ends after two years on a new build.

Then it's structural defects only up to 10 years, supported by the building warranty firm.

You're on your own, I think.

doberryfirkin

The installation was inspected by the installer for the previous 3 years but this year by the original equipment manufacturer when the issues came to light. if I am 'on my own' then it seems that the builder / installer have 'got away with it' since I couldn't be expected to challenge what I presumed was correct advice - after all it was the original installer that the builder used.

Johnandabby

What is the system and what are the issues and required corrections? If you post some details you'll get feedback on whether this is reasonable.

brightontraveller

doberryfirkin wrote: »

The installation was inspected by the installer for the previous 3 years but this year by the original equipment manufacturer when the issues came to light. if I am 'on my own' then it seems that the builder / installer have 'got away with it' since I couldn't be expected to challenge what I presumed was correct advice - after all it was the original installer that the builder used.

You maybe able to get something back through tester or there governing body (testing /maintenance fee’s likely only though) You’d need to prove identification of correct installation method (routing, fixing methods etc or whatever manufacture has claimed is incorrect is part of testing/ maintenance schedule,) Also if installer was licensed by manufacturer they may have a duty to insure compliance with there instructions /installation methods..? you'd need to prove there negilance effected installation ?

Have they put in writing the installation was incorrect and replacement parts are needed solely because of poor installation methods? or as I said before are they just feeding you bs you to sell you something else ?
.
Guarantee warranty from manufacture would have most likely been void if not installed to manufactures instructions anyhow , even if correctly fitted your only covered by them as long as warranty which has passed anyhow so they'd likey do zip

To get builder etc them etc to replace/ recover damages from them
You’d need to prove initial negligence, subsequent incorrect testing meant problem was not bought to light until after liability period was elapsed.(bob and no I'd say ) then pursue through court..

Furts

You could try a legal claim based on a latent defect. You could try a legal claim based on negilence. But before doing anything determine exactly what the problems are, and what it will cost to put them right. Then determine if it is worth pursueing. For most people if the cost is a few hundreds they would not be looking for the work involved in litigation.

I suggest the legal route would be via the Small Claims to keep your costs low. Get solicitors involved and you loose control of matters and the costs escalate. So, if you do not feel happy following this route then you may have to swallow the cost of repairs.

It may be a bitter lesson in life, but the onus was on you to purse this matter during the first year. I say this because builders I have worked for regard electrical components etc as having a twelve month guarantee, regardless of the two year NHBC builders liability period.

I assume that you did not have a Full Survey done before buying the property. Hence this was a decision based on risk analysis. You may be paying out now, but you did not pay out for a Full Survey. Which has been the better saving? You may still be quids in!