How long are builders liable?

Mrs_Wilson

14 years ago I employed a builder to put in a new upvc window. Only last week I find out that he did not put in a lintel!

Legally, do I have any rights after such a long period of time?

wealdroam

Mrs_Wilson wrote: »

14 years ago I employed a builder to put in a new upvc window. Only last week I find out that he did not put in a lintel!

Legally, do I have any rights after such a long period of time?

Not after six years... unless you are in Scotland where I believe the rules are slightly different.

Was this a new window in an existing opening, or a new window where there had never been a window (or door) before?

foxtrotoscar_2

Mrs_Wilson wrote: »

14 years ago I employed a builder to put in a new upvc window. Only last week I find out that he did not put in a lintel!

Legally, do I have any rights after such a long period of time?

More of the story please? Did you employ the builder specifically for this window job?

Mrs_Wilson

wealdroam wrote: »

Not after six years... unless you are in Scotland where I believe the rules are slightly different.

Was this a new window in an existing opening, or a new window where there had never been a window (or door) before?

There was a window there previously and the upvc window was to replace it.

Hintza

foxtrotoscar wrote: »

More of the story please? Did you employ the builder specifically for this window job?

No need, wealdroam covered it.

Scotland:- 5 years.

Mrs_Wilson

foxtrotoscar wrote: »

More of the story please? Did you employ the builder specifically for this window job?

Yes, I employed the builder to do this job. However, I was later to find out that he did not fit it himself, but he gave the work to a subcontractor (friend) to do the installation. At the time, this was not an issue.

I was extremely happy with my new window and paid the builder in full.

antrobus

Mrs_Wilson wrote: »

There was a window there previously and the upvc window was to replace it.

If there was a window there previously, wouldn't there also have been a lintel there previously, if one was needed.

What makes you now believe that a lintel is now needed?

Mrs_Wilson

Hintza wrote: »

No need, wealdroam covered it.

Scotland:- 5 years.

Is this still true, if a surveyor has only recently picked up on the absence of a lintel and is now worried about the stability of bricks at the top of the upvc window. He feels the frame has moved due pressure from above which is now making it difficult to open the smaller top window.

Could I still sue the builder for negligence, in spite of the length of time that has passed?

antrobus

Mrs_Wilson wrote: »

Is this still true, if a surveyor has only recently picked up on the absence of a lintel and is now worried about the stability of bricks at the top of the upvc window. He feels the frame has moved due pressure from above which is now making it difficult to open the smaller top window.

Could I still sue the builder for negligence, in spite of the length of time that has passed?

The Limitation Act says you have six years to take action, or three years from the point in which you became aware of the defect. So you could still sue. But you'd have to be quick, because there's an over-riding fifteen year limit.

But unless the builder removed the lintel, it's always been absent. So the fault might lie with the builder who built the house, not the builder who replaced the window.

Mrs_Wilson

antrobus wrote: »

If there was a window there previously, wouldn't there also have been a lintel there previously, if one was needed.

What makes you now believe that a lintel is now needed?

That is a good question. Apparently not, whoever built the house originally relied solely on the wooden window being strong enough to do the job of a lintel. Looking back, the man who fitted my upvc window must have been aware of this at the time, surely he would have an obligation to tell me?

visidigi

Mrs_Wilson wrote: »

That is a good question. Apparently not, whoever built the house originally relied solely on the wooden window being strong enough to do the job of a lintel. Looking back, the man who fitted my upvc window must have been aware of this at the time, surely he would have an obligation to tell me?

He was tasked with replacing a window, he did.

You can't hold a window fitter liable for structural defects when the house built. That would be the house builder who's responsible.

By your thinking, any workman who worked on your house who noticed something missing in any trade would be liable. Its simply not realistic.