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Building work not done to manufacturer's spec

I had some work done by a builder. It was a new light weight solid roof fitted to a conservatory using a proprietary roofing system.

The builder I used was recommended by the roof system manufacturer, but unfortunately he didn't install it in accordance with their specifications. Specifically, the roof tiles have a required overlap based on the roof pitch to ensure that in strong winds and rain water doesn't get under the tiles. But unfortunatley they didn't read the instructions and fitted them with the wrong (not enough) overlap which means that water could potentially get underneath the tiles.

The builder maintains that it is un-important and it will never in reality be a problem, and that he has a 10 year under-written warranty. I suspect the cost to rectify it is about £3000, roughly a third of the total cost. I should add he is not a rogue/cowboy builder.

I owe him about £6000 which is in my favour, and I've informed him in writing of my concerns, but I need to decide what to do about paying some or all of the rest of the money.

I'm not sure whether I should either :-

o Withhold £3000 until it is re-tiled as per the manufacturer's spec.
o Refuse to pay any more till it is rectified
o Aquiesce, and accept that it will probably be OK and pay him the balance for the works.

I'd really appreciate anyones thoughts on this.

Comments

  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Perhaps the manufacturers instructions err on the side of caution? Is the overlap the manufacturer gives a recommendation or a minimum or an exact measurement? What stress do they place on the overlap being exactly right?

    Have the manufacturer said that this is incorrectly fitted? Have his actions actually caused you to lose out in any way at the moment?

    What it really comes down to is whether they have been fitted with reasonable care and skill - or not. I'd ask the manufacturer in writing what is the absolute minimum overlap and what would be the consequences of a overlap of xxx.

    Have you had any paper work in relation to a warranty?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Horizon81
    Horizon81 Posts: 1,594 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Nine grand for a new conservatory roof! How big is it?! If it were me I'd withhold payment and insist it be re-done, and I'd take the time off work to watch it, as if you'd done that in the first place you wouldn't be here now.

    You'll only be paranoid every time it gets stormy checking for leaks.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Either he's done it right and he's not a ' cowboy', or he's done it wrong and he , in theory, is.
  • flyer
    flyer Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    hollydays wrote: »
    Either he's done it right and he's not a ' cowboy', or he's done it wrong and he , in theory, is.

    Just because someone does something wrong does not necessarily make them a "cowboy". It may well have been a genuine error.

    In respect of what to do next, I agree with Unholyangel; talk to the manufacture and the builder, but do not pay any more money until you are completely satisfied that the solution proposed is acceptable to you and gives you comfort.

    Finally, you should always ensure a warranty is insurance backed. Otherwise it isn't worth the paper it's written on.
    Even if you are a minority of one, the truth is the truth.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    flyer wrote: »
    Just because someone does something wrong does not necessarily make them a "cowboy". It may well have been a genuine error.

    In respect of what to do next, I agree with Unholyangel; talk to the manufacture and the builder, but do not pay any more money until you are completely satisfied that the solution proposed is acceptable to you and gives you comfort.

    Finally, you should always ensure a warranty is insurance backed. Otherwise it isn't worth the paper it's written on.
    That why I put " in theory", the fact that the builder is disagreeing suggests the op isn't completely satisfied.And the builder seem to be suggesting they've made no error.
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