Ever sued a New Build Developer & Won ?

StuieUK34

Hi all,

This is a hyper-thetical thread..... (kind of!)

Have you purchased a new build, found your snags, and had some snags not rectified by the builder because the builder knows it will cost them more than £100 to fix (sarcasm)......
Only for you then to understand the law on what you can and cant do, in terms of starting a small claims process against the developer, which in turn results in them settling out of court for a £££ value for you to fix the issue yourself on your "NEW" bodged house ?

I ask, as i purchased a new build (developer name not relevant at the moment) a few months back, move-in days just after lock-down!
I think most developers would normally ask the purchaser a few days after moving in if they are happy with there purchase and to list any snags ?  In our case, snag list generated back then, and still adding to it now...
However, havent been asked how we are doing, and only the small minor snags have been looked at/resolved.

I know there are no rules around purchasing new builds, unlike that of purchasing a new car (ie: theres a fault, get it fixed or you return and get money back under consumer law)..
But i'm trying to build a picture of looking ahead and the actions i can take, as everything boils down to money.  Developer doesnt want to fix an issue as it will cost them money, so they hope the purchaser just stays quiet and forgets about the snag/issue for 2yrs.    So on that note, does it work in a way that you report an issue, they dont fix, you get a quote from someone else to resolve the issue, give the developer the chance to resolve, and if they dont, is that when you would issue a letter before action, and learning the process of how to start a small claims process ??

[Deleted User]

I've used builders, but I wouldn't say I had either won or lost. 

StuieUK34

Deleted_User said:

I've used builders, but I wouldn't say I had either won or lost. 

Lol, for those reading after, mis-type in the title!

RelievedSheff

You have to give the developers fair time to fix the snags you have found. You say you moved in at the start of lock down so that is only end of March this year and no one could enter the property to even look at your snags until lock down was eased not all that long ago.

We moved into our new build last April and are still getting the last minor snags sorted out. It takes time.

If you get a complete blank from your developer then fair enough try a different course of action but if they have acknowledged that there is an issue give them time to resolve it. Getting hold of tradesmen post lockdown is turning into a nightmare for everyone!

SallyDucati

New builds take time to settle, as the above says snags will take time to appear and get sorted out.  I've been in my house for 2 years now and I would say only in the last 6 months do I feel that it has completely finished settling.  Give it some more time!

pinkteapot

If the builder refuses to fix your snags, or simply isn't doing them, your next step is the Dispute Resolution Service at your warranty provider (NHBC, Premier, or whoever). They will review the case and decide whether the builder should be fixing the issue or not. I don't know what the next step after that is if they rule against you and you're not happy.

That's assuming the issue was raised within the first two years - after that it's not the builder's responsibility anymore anyway. Years 3-10 of the warranty are provided by the warranty company themselves and tend to only cover major structural issues. 

We've fixed a few minor things ourselves because chasing the builder was driving us nuts and we just wanted to sort things and move on with our lives. Anything more expensive we're nagging them though. 

My brother's a plumber and has been getting loads of work the last couple of years fixing snagging issues at a big new-build development near him. Homeowners getting fed up waiting for the builder to fix things so sorting things themselves! (Brother didn't work on the site, I hasten to add).

AdrianC

pinkteapot said:

If the builder refuses to fix your snags, or simply isn't doing them, your next step is the Dispute Resolution Service at your warranty provider (NHBC, Premier, or whoever). They will review the case and decide whether the builder should be fixing the issue or not. I don't know what the next step after that is if they rule against you and you're not happy.

I suspect the answer is...
* You take them to small claim.
* They lodge a defence that the dispute resolution found in their favour.
* You go home empty handed and even more hacked off.

thearchitect

I have acted as an expert witness for people suing developers of new build properties, yes.

I should warn you that it is not a particularly affordable or speedy route to pursue.

StuieUK34

cheers for the reply all, 
As said, was a kinda hyperthetical question.....
My house was built in June 2019, so from saying we were to buy it in Feb and pointed out snags prior to signing, as well as on the demo, the snags the developer doesnt want to fix have been attempted bodge jobs which result in some parts of the house looking not New   
And issues like a crumbling driveway (as it was laid in June 2019), shows poor quality mix when laying the drive (i not the only person with this issue).....
Shower cubicle has grout spots missing between tiles, which means water can flood beneath the shower tray.
Developers answer is to apply grout, but even the grout guy suggested looking under the shower tray to check for water damage....
That means a job of taking up the tray which the developer is kind of ignoring, because it involves fixing real issues....
Same with a warped sink in which they damaged the worktop trying to re-re-re-bodge (yes, many attempts to make it worse)

For all i know, builder might fix these things in a few months, but as said, hyperthetical, i like to think far ahead on a "what-if" basis, and what i can do........   

Takmon

StuieUK34 said:

As said, was a kinda hyperthetical question.....

I feel the need to point out that you are using the wrong word and the word that you want is "hypothetical" because that would mean a situation that might arise and what might happen in that situation. 

"hyperthetical" in this case would mean that you are exaggerating a situation to an extent that what you are saying shouldn't be taken literally.