Latent Defect

dexterwolf

I have moved into a home that is just over 4 years old. There is an issue with a leak in the roof. I have had NHBC come in and say the claim does not meet the amount for they to repair. So can I challenge the builder with the latent defect for them to repair the roof ?. As from what the NHBC bloke said it looks like it is a defect from when it was built?.

Furts

I am in the construction industry and not a lawyer. Your answer is the fault cannot go back to the builder - the defects period was 2 years.


You would struggle with latent defects because the contract was with the previous purchaser. If you went ahead the hassle and cost does not bear thinking about.


The pragmatic solution is to pursue NHBC arguing it is a structural defect covered by years 2-10 of their policy.


If NHBC refuse to co-operate then it could be it is not deemed a major defect. This could be valid because you have not clearly stated what the defect is.


Ultimately you have a responsibility in this. You purchased a second hand product knowing it was "Buyer Beware". It was your responsibility to protect your interests and check everything including the roof. The NHBC may throw this back at you. If so, you have to accept a home requires repairs, just like a car does, only the bills are frequently much larger as reflects the cost of the end product.

Doozergirl

Furts, sounds like NHBC accept there is a problem but they have a minimum spend of about £1200 for repairs. Bit strange, but NHBC really really do bit like paying out. Outrageous, considering the cost of a policy.

Otherwise, I agree. It's outside defects period, falls to NHBC now, not builder and the cost of pursuing builder could be more than the repair and unsuccessful.

Furts

Doozergirl wrote: »

Furts, sounds like NHBC accept there is a problem but they have a minimum spend of about £1200 for repairs. Bit strange, but NHBC really really do bit like paying out. Outrageous, considering the cost of a policy.

Otherwise, I agree. It's outside defects period, falls to NHBC now, not builder and the cost of pursuing builder could be more than the repair and unsuccessful.

By all means say I am being pedantic but one first has to have definite proof that it is a major structural defect. Then one goes ahead and challenges the NHBC costings. If one does not do this NHBC could trawl the country telling all consumers the work costs less than the excess on the policy. This then gives NHBC an easy life.


NHBC are simply an insurance company and the policy has an excess just like countless other policies. One buys a second home knowing there is risk - this being one of them.

dexterwolf

I have had a claim but it is £100 below the minimum claim amount of £1450 the house is just over 4 years old!. I have sent the schedule off to a roofer today and he said the work that was quoted for on the schedule he would not be able to do for the price that was quoted by NHBC.


I have written to the builder asking if they will repair as it has been noted as a defect that would have been more than likely done when the roof was put on. This is from the report from NHBC. So surely one of them has to assiste with this. Or there is no point having more than a 2 year Warranty on a new build unless the house falls down!

Furts

dexterwolf wrote: »

I have had a claim but it is £100 below the minimum claim amount of £1450 the house is just over 4 years old!. I have sent the schedule off to a roofer today and he said the work that was quoted for on the schedule he would not be able to do for the price that was quoted by NHBC.


I have written to the builder asking if they will repair as it has been noted as a defect that would have been more than likely done when the roof was put on. This is from the report from NHBC. So surely one of them has to assiste with this. Or there is no point having more than a 2 year Warranty on a new build unless the house falls down!

You do not understand how the system works, but this is not a criticism because NHBC and the industry want it to be so.


You will not get any roofer, or bricklayer, or plasterer or any trade to work for you the prices quoted by NHBC. This is a simple commercial fact and you have to accept this. That is why the way forward is to challenge the NHBC and get their contractors at their prices to do the work that is required. In order to do this I will re-iterate my point. You must prove that a major structural defect exists which will cost more to rectify than the excess on the policy.


You are wasting your time going back to the builder. It is almost 99.9% certain you will be brushed aside because under the NHBC warranty terms they have no liability to you for the works. This is a simple legal fact.


You either have to go forward fighting, and challenge NHBC, or accept the simple fact of life which is houses require repairs, and owners have to pay for this.


I suspect you also want a win win scenario to suit your personal pocket. You should have commissioned a full structural survey and condition report prior to purchasing the home. I am assuming you chose not to do so, otherwise you would have mentioned this. You cannot there fore scrimp on sensible precautions and then complain about the cost of "unforeseen" repairs. Do not think I am being harsh on this because I am simply telling you the stance that NHBC will adopt over your situation.


Best of luck!

dexterwolf

I appreciate the messages but if I get 5 different quotes for roofers and they all say they can't do the work for the price quoted on the schedule then surely the NHBC will need to give me details of who can do the work at the price they said. If not then surely the quote is wrong and someone else needs to look at the claim apart from the original person that has got the figures wrong. If I the quotes come back similar or less then I agree but so far that has not been the case.

Furts

dexterwolf wrote: »

I appreciate the messages but if I get 5 different quotes for roofers and they all say they can't do the work for the price quoted on the schedule then surely the NHBC will need to give me details of who can do the work at the price they said. If not then surely the quote is wrong and someone else needs to look at the claim apart from the original person that has got the figures wrong. If I the quotes come back similar or less then I agree but so far that has not been the case.

I apologise if this sounds harsh, but the reality is with an approach like this NHBC will run circles around you. Please trust my judgement when I say no consumer, anywhere, can take on NHBC and expect a straightforward, speedy, resolution. Only the truly switched on (maybe 5% at a guess) will succeed.


To give you one example I have been involved in; NHBC costed the repairs to a home at about £30000. The home owner contested this, sought professional advice and the costings then came in at £180000. Any organisation that under costs by a factor of six has to be dealt with by professionals. Consumers left to their own devices do not stand a chance against NHBC.


You have been warned, but you seem determined to blast ahead. You will need the very best of luck.