How long are builders liable?

Mrs_Wilson

visidigi wrote: »

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.

Thank you for your comment.:(

antrobus

visidigi wrote: »

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.

Depends.

As far as I'm aware, there is a known issue with lintels and UVPC windows, as in;

Original timber windows will have been strong enough in most cases to support the walls sufficiently, however replacement with modern windows won’t always offer the same structural support. When uPVC replacement windows have been specified for properties without lintels, movement of the wall above will be progressive.

http://www.helifix.co.uk/blog/2012/05/replacing-windows-lintels-old-buildings/

DoaM

In which case, the builder contracted to replace the wooden frame window with uPVC may have had a duty of care to advise on this and recommend a lintel be fitted? And if he didn't he may have been remiss so OP could have a damages claim on this basis?

Mrs_Wilson

DoaM wrote: »

In which case, the builder contracted to replace the wooden frame window with uPVC may have had a duty of care to advise on this and recommend a lintel be fitted? And if he didn't he may have been remiss so OP could have a damages claim on this basis?

Thank you - So you feel I could have a case?!:j

Spicy_McHaggis

After 14 years why are you determined to sue the builder?

It's not like he'd be made to do the work for free as it would have incurred a cost to you when the window was replaced.

wealdroam

DoaM wrote: »

In which case, the builder contracted to replace the wooden frame window with uPVC may have had a duty of care to advise on this and recommend a lintel be fitted? And if he didn't he may have been remiss so OP could have a damages claim on this basis?

That may well be true, so all Mrs Wilson needs to do is confirm that the builder didn't offer this advice.

Mrs Wilson, can you imagine this case getting to court and the judge asking the defendant "did you recommend a lintel be installed?"

The builder replies " I did your honour, but the lady decided not to have one fitted".

I truly have no idea who the judge would believe, but even if he believes you, what do you expect to receive as damages?

zaax

visidigi wrote: »

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.

In the motor trade it is (or supposed to be). If a tyre fitter notices your brakes are shot they can't allow the vehicle back on the road.

jjlandlord

zaax wrote: »

If a tyre fitter notices your brakes are shot they can't allow the vehicle back on the road.

Well, the only thing they can do is to call the police to report a dangerous car on the road, as it would be illegal to seize the car.

Spicy_McHaggis

zaax wrote: »

In the motor trade it is (or supposed to be). If a tyre fitter notices your brakes are shot they can't allow the vehicle back on the road.

And how can they prohibit the vehicle from going back on the road?

Not that this has anything to do with the OP.

Mrs_Wilson

wealdroam wrote: »

That may well be true, so all Mrs Wilson needs to do is confirm that the builder didn't offer this advice.

Mrs Wilson, can you imagine this case getting to court and the judge asking the defendant "did you recommend a lintel be installed?"

The builder replies " I did your honour, but the lady decided not to have one fitted".

I truly have no idea who the judge would believe, but even if he believes you, what do you expect to receive as damages?

To cover the costs of putting in a lintel and a new window, if necessary (should the existing one been damaged beyond repair, due to the weight of the bricks above). In an ideal world, I would like him to come back and offer to do the work free of charge but he wont do that if he feels going through the courts will be more of a favourable option for him financially. Don't see why I should be made to pay for the work twice?:(