Builder dispute over failed roof

murphy08

We had a new extension built 3 years ago. We suffered water ingress during the recent heavy rainfall with all 4 rooms in our extension affected.  We had a surveyor out who stated it was down to poor workmanship of our fibreglass flat roof. Our insurance company also sent a surveyor out and stated the same and that they would not get involved because it was down to the poor workmanship. The builder and roofer refused to accept this (we contracted the builder who subbed the roof work out) and insisted they get their own RICS surveyor round which happened 3 weeks ago. We have chased and chased them and they refuse to let us see this report (which they have paid for) and still insist that they are not at fault, but will not show us any evidence to support this.   What can we do now? Is there any way to force their hand in showing us this report before we sue them.  It seems like going to court is the only option but we would really like to get this report on our house before we head to court so that we are fully informed. Any advice would be welcome. Many thanks.

davidmcn

If you've got your own evidence, just proceed with that. They're under no obligation to show you their report first.

tacpot12

If this goes to court, they will have to share the report with you, but if the report supports you, they are unlikely to let it get to court as they will just incur legal costs as well as the cost of remediation. (The latest time you might get to see the report is in the court on the day of the hearing, but the judge should be unhappy that they have not shared it before then). 

DiddyDavies

The simple fact that they are refusing to share the report implies to me that it must favour the OP. If it went the builders way, I'm sure that they would already have show the OP this in order to try to stop them pursuing the matter any further.

murphy08

Yes, we are assuming that the very fact they do not want us to see their report means it does implicate their poor workmanship, as the other 2 reports have done. I don't really understand why they wouldn't just use their public liability insurance to cover it and put their hands up. Just such a disgrace to their profession really.

Were_Doomed

tacpot12 said:

If this goes to court, they will have to share the report with you, but if the report supports you, they are unlikely to let it get to court as they will just incur legal costs as well as the cost of remediation. (The latest time you might get to see the report is in the court on the day of the hearing, but the judge should be unhappy that they have not shared it before then). 

If the report is in the roofer's favour then the OP can object to the evidence as it would be an ambush to present it at court without allowing the other party to review it beforehand - the judge should rule the evidence as inadmissible. The latest time the OP should see the report is at Witness Statement time, which would be 14 days prior to the hearing date - if the other party didn't include the report then this will likely be because it does not support their position.

@murphy08: Get quotes to rectify the problems (if your insurer won't help - I think they're being obtuse; they should be helping and then they should pursue the roofer/builder for their costs) and then you have a costs basis for any county court claim.

DiddyDavies

murphy08 said:

I don't really understand why they wouldn't just use their public liability insurance to cover it and put their hands up.

Public liability insurance covers things such as accidental injury and damage to property and not poor workmanship even if that workmanship led to damage at a later date.

bris

The report would be their defence which all parties has access to, they can't with hold their defence.

Were_Doomed

How did you pay originally?

davidmcn

murphy08 said:

I don't really understand why they wouldn't just use their public liability insurance to cover it and put their hands up.

Even if your claim is insured, it's likely that just means the insurer would be defending it (or ignoring you) on behalf of their insured, not that they'll merrily hand over cash to you.