Advice on new build defects/snags

jmmo20

Hi
I'd need advice on how to get a small developer and their contractors to actually repair the defects. They've admitted to most defects I've notified them of. They've even admitted some of the finishing were of poor quality because of covid lockdown (although that's not true for all items though as I was able to follow construction).
The actual builders (contractors of the developer) keep coming every 3 or so weeks, they keep saying yes they'll fix them, but they never commit to an actual date.

Some of the issues are fairly important, water ingress, poorly installed flooring, malfunctioning heating system, timber fencing that keeps collapsing due to poor installation of hte posts, etc.

Developer says it's the responsibility of the contractors. Contracts keep giving dates they don't meet.
Meanwhile I see the builders finishing other houses for completion.
As far as I'm concerned, my purchase contract was with the developer (ie.. the owner of the land). The contractors, as their name implies, have a contractual obligation with the developer, not with me. They work for the developer, not me. It should be the developer chasing the contractors to do ehem, what they were contracted to do?

What do I do?
I don't care whether they fix things now or in 2 months, I just need them to commit to one date.

thearchitect

I assume that you have sent them a formal snagging or defects list setting out the items which you have identified?  

Prepare a "proper" letter attaching the list of defects, cross-referred to previous email correspondence, and send it to the developer giving them a reasonable period of time (I'd suggest 28 days) failing which you will have others undertake the works and pursue them for the costs so arising.  A further notice, usually for 14 days, would be required at that stage normally.

Alternatively if there is a building guarantee policy of some description, for example NHBC, see what it says about defects during this initial period.  Normally it is the developer's responsibility for the first couple of years but there is some sort of arbitration or fall-back if they fail to do so.

RelievedSheff

You just have to keep pestering the developers and getting on their case.

We are going on for 18 months in our new build. The first 12 months seemed to be a never ending stream of contractors and the developers coming in to fix minor snags in dribs and drabs.

We are very nearly there now and the house is finally starting to feel completed. We just have the window fitters coming in next month to sort out the adjustment on the patio doors and a couple of windows and then hopefully the snagging is finished unless anything rears it's ugly head in the next six months!

jmmo20

Hi,
I sent them a report from a snagging company, and then I've sent them an additional document with things that have been identified since we moved in (water ingress, things that stop working, etc). This list keeps growing every week unfortunately. They've asked if that was my "final" list and I said that was my most current one but I can't predict whether I will identify further defects in a months time. My obligation as per our purchase contract is to notify them within 12 months.
Thanks for your reply, I found it very useful.