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Builder refusing to carry out work
k599rag
Posts: 103 Forumite
Would someone please review my issue and give me some suggestions on my options?
Background
1. Purchases Home in Aug 2008
2. Provided with 2 year guarantee from builder for building work and 10 year NHBC warranty
3. Windows and doors were give a 10 year warranty from builder
Issue 1 - Driveway
- Work was carried out on driveway in 2012 due to mistake made by builder with drains running under driveway and front garden.
- Builder agreed to repair the drain work and ensure that the property was left as it was at time of purchase. They specifically agreed to fully resurface the driveway as a "patch" would not be acceptable.
- Area around the drain has sunk and as a result the driveway needs to be excavated around the area. Builder has offered a "patch" on the driveway, but I have been advised by his contractor that this would look unsightly and he recommended a full driveway resurface.
- Builder has rejected this and will only offer a patch. I have insisted that they honour their agreement from 2012. The issue was logged with Builder in September 2014 which is within the 2 year guarantee that they give to building works and I would expect them to honour this and complete the work and return the driveway to its original state.
- Builder referred me to NHBC, but I have spoken to the NHBC and they have told me that as the drive work in 2012 was not logged as a claim with them and as “the builder” notified me of the original issue with the drains (not discovered by me), this is not an NHBC issue.
Issue 2 - Leaking UPVC Unit
- Unit leaking
- Similar window repaired under 10 year guarantee in 2009
- Builder has stated that this work is not covered under my 10 year guarantee and will not carry out work.
- Builder has stated that my 10 year guarantee has expired as the contractor that they used to provide the work is in liquidation. I do not accept this as they sold the house to me not the contractor. My guarantee is with the builder, not their contractor.
- Builder again referred me to NHBC and they responded "this is the cover that we provide in years three to ten for physical damage that was caused by a defect in a part of the home listed in the policy document. We do not feel that this issue falls under this cover."
Issue 3 - Discoloured and faded UPVC window frames and doors.
- Severely faded UPVC door and windows. Two companies have reviewed them and have told me that the units should not have faded as they have done so. One company thought that the units were actually white rather than cream!
- I had a 10 year warranty on my windows and doors.
- The builders installer is a member of FENSA therefore you should provide the following: “Guarantee or Warranty: FENSA Registered Businesses must give a guarantee or warranty covering the cost of completing rectification work in respect of defects for a period of ten years.”
- The Sale of Goods Act 1982 states “where a trader guarantees their work for a set period of time that guarantees do not affect your legal rights to have work done with reasonable care and skill using materials that are of satisfactory quality, as described and fit for purpose.” A trader cannot claim that I cannot get a repair on any work that I discover is not up to standard after your guarantee period is over due to this. The act makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose.
- The act makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. As the builder is in breach of contract I am entitled to have the windows and doors replaced and I requested that they confirm that you will do this within the next thirty days. If something is not of satisfactory quality, I have a statutory right under the Sale of Goods Act, to a refund, have it replaced or repaired for free and I am invoking this right.
- British Plastics Federation report that UPVC units should have a service life of approximately 35 years under normal conditions”. I am not willing to accept that my frames have lived their lifetime after only 6 years and I would like Builder Homes to resolve this matter ASAP.
Background
1. Purchases Home in Aug 2008
2. Provided with 2 year guarantee from builder for building work and 10 year NHBC warranty
3. Windows and doors were give a 10 year warranty from builder
Issue 1 - Driveway
- Work was carried out on driveway in 2012 due to mistake made by builder with drains running under driveway and front garden.
- Builder agreed to repair the drain work and ensure that the property was left as it was at time of purchase. They specifically agreed to fully resurface the driveway as a "patch" would not be acceptable.
- Area around the drain has sunk and as a result the driveway needs to be excavated around the area. Builder has offered a "patch" on the driveway, but I have been advised by his contractor that this would look unsightly and he recommended a full driveway resurface.
- Builder has rejected this and will only offer a patch. I have insisted that they honour their agreement from 2012. The issue was logged with Builder in September 2014 which is within the 2 year guarantee that they give to building works and I would expect them to honour this and complete the work and return the driveway to its original state.
- Builder referred me to NHBC, but I have spoken to the NHBC and they have told me that as the drive work in 2012 was not logged as a claim with them and as “the builder” notified me of the original issue with the drains (not discovered by me), this is not an NHBC issue.
Issue 2 - Leaking UPVC Unit
- Unit leaking
- Similar window repaired under 10 year guarantee in 2009
- Builder has stated that this work is not covered under my 10 year guarantee and will not carry out work.
- Builder has stated that my 10 year guarantee has expired as the contractor that they used to provide the work is in liquidation. I do not accept this as they sold the house to me not the contractor. My guarantee is with the builder, not their contractor.
- Builder again referred me to NHBC and they responded "this is the cover that we provide in years three to ten for physical damage that was caused by a defect in a part of the home listed in the policy document. We do not feel that this issue falls under this cover."
Issue 3 - Discoloured and faded UPVC window frames and doors.
- Severely faded UPVC door and windows. Two companies have reviewed them and have told me that the units should not have faded as they have done so. One company thought that the units were actually white rather than cream!
- I had a 10 year warranty on my windows and doors.
- The builders installer is a member of FENSA therefore you should provide the following: “Guarantee or Warranty: FENSA Registered Businesses must give a guarantee or warranty covering the cost of completing rectification work in respect of defects for a period of ten years.”
- The Sale of Goods Act 1982 states “where a trader guarantees their work for a set period of time that guarantees do not affect your legal rights to have work done with reasonable care and skill using materials that are of satisfactory quality, as described and fit for purpose.” A trader cannot claim that I cannot get a repair on any work that I discover is not up to standard after your guarantee period is over due to this. The act makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose.
- The act makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. As the builder is in breach of contract I am entitled to have the windows and doors replaced and I requested that they confirm that you will do this within the next thirty days. If something is not of satisfactory quality, I have a statutory right under the Sale of Goods Act, to a refund, have it replaced or repaired for free and I am invoking this right.
- British Plastics Federation report that UPVC units should have a service life of approximately 35 years under normal conditions”. I am not willing to accept that my frames have lived their lifetime after only 6 years and I would like Builder Homes to resolve this matter ASAP.
0
Comments
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Anyone help here? I am speaking to Trading Standards tomorrow, but would appreciate someone's thoughts on the chance of me being able to use the Small Claims Court or another legal avenue to get the work done to my satisfaction.0
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