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Negligent builder gone bust!
a8ree
Posts: 8 Forumite
Let me explain my scenario. I am looking at bankruptcy from the other side...
About 4 years ago, I had an extension built to my house by a builder who operated as a sole trader. Subsequent to the completion of the build, I started to have issues with water ingress which he fixed. Further down the line I had the same issue and as I couldn't get hold of the original builder, I got another roofer to take a look.
The roofer was surprised that the roof pitch was so shallow and when the plans were checked, the roof pitch was about 15 degrees shallower than it should have been.
I managed to get hold of the original builder who came out to take another look. He accepted that the pitch was not correct and that it was an error on his behalf and therefore I should put in a claim against the Public Liability and Professional Indemnity cover he held whilst the build was undertaken. He also said that he has since been sequestrated and could no longer be held liable personally.
I have validated that he was indeed sequestrated, owing 90k and having no assets - which is strange given that he told me that he bought a property whilst he was working at my house and had property abroad. I was never listed as a creditor (for all the good it would have done me) as he directed me to the insurance company.
Anyway, I dealt with his insurer who said that his cover did not include product liability - so they won't cover the issue.
Does anyone see any way in which I can recover my losses here?
Any suggestions would be greatly appreciated.
About 4 years ago, I had an extension built to my house by a builder who operated as a sole trader. Subsequent to the completion of the build, I started to have issues with water ingress which he fixed. Further down the line I had the same issue and as I couldn't get hold of the original builder, I got another roofer to take a look.
The roofer was surprised that the roof pitch was so shallow and when the plans were checked, the roof pitch was about 15 degrees shallower than it should have been.
I managed to get hold of the original builder who came out to take another look. He accepted that the pitch was not correct and that it was an error on his behalf and therefore I should put in a claim against the Public Liability and Professional Indemnity cover he held whilst the build was undertaken. He also said that he has since been sequestrated and could no longer be held liable personally.
I have validated that he was indeed sequestrated, owing 90k and having no assets - which is strange given that he told me that he bought a property whilst he was working at my house and had property abroad. I was never listed as a creditor (for all the good it would have done me) as he directed me to the insurance company.
Anyway, I dealt with his insurer who said that his cover did not include product liability - so they won't cover the issue.
Does anyone see any way in which I can recover my losses here?
Any suggestions would be greatly appreciated.
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Comments
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Hi - I think you might get more help on the consumer rights board via the main forum?
Hope you get some answers.:)0 -
Were the plans passed and apprved on the constructed dimentions, or were the dimentions changed by the builder?
Unfortunately, if the latter, it seems you have little chance of claiming here.
SamI'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.0 -
...Anyway, I dealt with his insurer who said that his cover did not include product liability - so they won't cover the issue.
Does anyone see any way in which I can recover my losses here?
....
Only from the insurance company.
P.S. In think they may simply be fobbing you off with the 'product liability' excuse. You builder was negligent. You might want to speak to a lawyer abou that.0 -
Do you have home insurance? Would they cover this?
dfMaking my money go further with MSE :j
How much can I save in 2012 challenge
75/1200 :eek:0
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