Can I take proceedings against a builder company after 5 years and 8 months?

Usman90

Hi I have had concrete work done to my property and drainage work done for a shower, I have problem's with the work completed and I'll have to pay a large amount of money to fix this. The job was done around 5 years and 8 months ago and I would like to know if I'm still in a position to take proceedings against this company? If I'm not within the time limit I would like to know if the court would allow exemptions if I have a reasonable reason for the delay? I have been affected by mental illness 4 year's ago which has proved very difficult for myself. Would the court accept my reason for the delay and allow me to take proceedings against the company if I have passed the time limit of which I need to claim in? Any help will be very much appreciated. Thank you for your time. 

[Deleted User]

What are the problems and when did you become aware of them?

Usman90

I was decieved with the rendering as I paid for something else and received something else, also I paid for shower drainage but the water is not draining. The water gets blocked and starts draining out from the drainage that's into my garage in the opposite room. I also have water that's entering from the out side of the garage travelling underneath the concrete and making it's way into the hallway. All this was know to me when the builders was doing the job. At the time I refused to continue paying and wanted to take the company to court but I was blackmailed if I didn't pay the builder's will destroy the job that's been carried out. I didn't want to create a scene so paid up at the time. 

Undervalued

Usman90 said:

Hi I have had concrete work done to my property and drainage work done for a shower, I have problem's with the work completed and I'll have to pay a large amount of money to fix this. The job was done around 5 years and 8 months ago and I would like to know if I'm still in a position to take proceedings against this company? If I'm not within the time limit I would like to know if the court would allow exemptions if I have a reasonable reason for the delay? I have been affected by mental illness 4 year's ago which has proved very difficult for myself. Would the court accept my reason for the delay and allow me to take proceedings against the company if I have passed the time limit of which I need to claim in? Any help will be very much appreciated. Thank you for your time. 

Yes if you are in England or Wales where a six year time limit applies.

No if you are in Scotland where the limit is five years.

Usman90

Does the 6 year time limit still apply in England if I noticed the errors that accured 5 year's and 8 month's ago? 

Undervalued

Usman90 said:

Does the 6 year time limit still apply in England if I noticed the errors that accured 5 year's and 8 month's ago? 

Theoretically yes.

That doesn't mean your case will be easy to prove (on the balance of probabilities). The obvious defence question will be "why didn't you raise the problem at the time if, as you claim, it was immediately apparent". They will no doubt try and suggest that subsequent damage has caused the problems etc.

Usman90

Thank you for the information appreciate your response 🙂 

steampowered

As you are within the 6 year limitation period it is possible for you to bring a claim.

However, after such a long period of time, it may be difficult to prove that there was a problem with the work 5 years and 8 months ago.

In addition, you would want to be absolutely sure that you are suing the correct defendant. If you put the wrong company name for the defendant on your court claim, for example, and the defendant simply strings you along for a bit, you would then be out of time to sue the correct defendant as the 6 year time line would have expired for the correct defendant.

I would suggest speaking to a solicitor.

bris

Undervalued said:

Usman90 said:

Hi I have had concrete work done to my property and drainage work done for a shower, I have problem's with the work completed and I'll have to pay a large amount of money to fix this. The job was done around 5 years and 8 months ago and I would like to know if I'm still in a position to take proceedings against this company? If I'm not within the time limit I would like to know if the court would allow exemptions if I have a reasonable reason for the delay? I have been affected by mental illness 4 year's ago which has proved very difficult for myself. Would the court accept my reason for the delay and allow me to take proceedings against the company if I have passed the time limit of which I need to claim in? Any help will be very much appreciated. Thank you for your time. 

Yes if you are in England or Wales where a six year time limit applies.

No if you are in Scotland where the limit is five years.

Not as straight forward in Scotland. It's 5 years after you become aware of the loss. A bit more complicated than that but that's the general rule in Scotland.

Usman90

Hi how would I know who the correct defendant is? Would I be suing against the name of the company or is it a certain individual? 

user1977

Usman90 said:

Hi how would I know who the correct defendant is?

By looking at the contract you had at the time.