Can anyone offer advice about taking a new home builder to court?

Sheep

So I bought a new home in December 2015.

My snagging is still outstanding and the builder owes me money. The new home builder is only a small building company. On my street there is 14 houses. 7 are still waiting to be sold. The warranty firm used is CRL but they dont seem to want to help.

I have emailed and wrote to the managing director who is ignoring me re the snagging. The salea lady feels powerless and says she is chasing her end but getting nowhere.

I am 100% sure I have all the evidence I need to take the builder to court and win
I anticipate the amount will be less than 10k and can therefore go through the small claims court.

My worry is what to do if i win and he doesnt pay? I have been looking at different options but im not sure what the best thing to do is?

Any advice would be much appreciated

bris

Get 3 quotes to put the snagging list right. Then send an LBA giving the builder 30 days to put it right. If this fails sue for the smallest quote.


Why is the warranty firm not getting involved? it wouldn't hurt to make them party to the claim, this would get their attention.


10k for snagging is a lot of snagging, usually its minor problems.

LadyDee

Is there a 10 year warranty with NHBC? If there is, they might be able to help you.

Sheep

Thank you for the reply so far. Im not saying it will be 10k i just know that is the limit for a small claims court. It will be above average I would have thought because there is so much that needs replacing like incorrect wardrobes, carpets, upgrades we paid for that have not been included. He also owes us money. The warranty is with CRL not NHBC. Thanks

jjj1980

I live in a new build house and the snagging was only started to be looked at once the house was 12 months old. I live on a large estate of new builds and it took around 3 months for dates to be booked for visits, repairs etc.


OP have I read the dates in your post correctly that the house was finished in December 2015, so is only just over a year old? Maybe give it a little bit longer to see if they have responded before going down the court action route.

dw89

Hi OP, I feel your pain. I had 'multiple' issues with the design of my new house and the Warranty and ended up taking the architect to court...and won as a 'litigant in person.'

However it was a nightmare, took 2 years and a LOT of my time/stress. I got @£9k back but, honestly, at times wondered if it was all worth it as I still lost out, a lot, in the end. Suing somebody is a nightmare in itself and there's no guarantee at the end of the day.

Small claims court is £10k. You'd have to pay @£450+£330 ish to take it all the way (plus any solicitor/lawyer fees). Use your free legal cover with your house insurance (but be prepared for them drawing it out and trying everything to deny the claim - happened to me even though it was a clear breach of contract). Sometimes you're best going to a barrister on a 'direct access' basis. They'll do you a better deal (if you end up paying yourself and doing it on a litigant in person style) rather than paying solicitors as they, honestly, have much, much more integrity. Ultimately, if you win, you'll get your costs back plus, hopefully, what you're asking for. If you get an order in your favour they will be told to pay it within 14 days. If they don't (i.e. don't care about their business name etc) they could try a) liquidating b) just avoiding you. Forgot bailiffs, pay an extra £80-90 and get the high court sheriff's or 'high court enforcement' in. They 'will' get you your money 'if' there's money to be had. Sometimes that's the only problem. If they don't pay then you can make them bankrupt I believe but you won't get your money back:(

It's a minefield I'm afraid but I wish you all the very best. Best thing to do to start off is exactly what someone else said. Get a professional 'independent' snagging company in to do a report. Then you 'could' get an 'independent' architectural expert report too (there's a website I can't remember where off the top of my head). The latter will cost around £500 though. Snagging should be <£200.

All the very best.

Dave:)

WJN222

If the builder owes you money can your solicitor not help?

SMall claims is stressful - just be ware, send a letter of intent (plenty of templates online), this certainly helped get attention when we used it

simon6

I also have a CRL Warranty (it seems something like a downgraded version of the HSBC Buildmark Warranty). They have a Dispute Resolution Procedure which is mentioned on page 7 of the Policy Document. I'm a trying to get hold of details from CRL (via a Ms McGrattan) as I too have a developer who is slow dealing with significant defects. Have you seen/tried this dispute procedure? The lawyers tell me that I should pursue all avenues of persuasion before they take on the case so I am going to have to use it. NB I think the procedure only covers cases where there is a contravention of building regulations; it does not cover poor workmanship.