Faulty double glazing / conservatory

Rural_Puppy

Hello. We ordered a supply only conservatory, which was installed by a local builder just over a year ago. The conservatory was supplied (against our original specification) with a joint in the glass roof. The roof joint leaks. We have had the builders back three times to attempt to reseal. Yhey have been happy to do this (at our cost, obvs!), but reckon the problem is that the glass roof panels are too heavy for the plastic joining piece. The weight of the glass is allowing the plastic strip to bow and thus let water in. 

We have complained to the company that supplied it to us. They refuse to accept responsibility, and claim it is a fitting fault rather than a design or manufacturing fault. they ahve refused to answer our questions as to why they changed the design at a late stage to incorporate a joint in the roof glazing panels.
We are at deadlock. We have now paid the best part of £1000 to renew the timber floor which had rotted due to the water ingress from the roof, as well as more costs to reseal the glazing joint..
There are also a couple of other issues with the conservatory - windows are handed incorrectly for example.
Question is: what do we do now?
We want a conservatory that is watertight. The one supplied is not fit for purpose. How do we prove that the issue is a manufacturing / design fault?
Are there any independent double glazing experts we could ask to supply a report that we could use in potential legal action?
Thank you for any advice.

Aylesbury_Duck

Rural_Puppy said:

Hello. We ordered a supply only conservatory, which was installed by a local builder just over a year ago. The conservatory was supplied (against our original specification) with a joint in the glass roof. The roof joint leaks. We have had the builders back three times to attempt to reseal. Yhey have been happy to do this (at our cost, obvs!), but reckon the problem is that the glass roof panels are too heavy for the plastic joining piece. The weight of the glass is allowing the plastic strip to bow and thus let water in. 

We have complained to the company that supplied it to us. They refuse to accept responsibility, and claim it is a fitting fault rather than a design or manufacturing fault. they ahve refused to answer our questions as to why they changed the design at a late stage to incorporate a joint in the roof glazing panels.
We are at deadlock. We have now paid the best part of £1000 to renew the timber floor which had rotted due to the water ingress from the roof, as well as more costs to reseal the glazing joint..
There are also a couple of other issues with the conservatory - windows are handed incorrectly for example.
Question is: what do we do now?
We want a conservatory that is watertight. The one supplied is not fit for purpose. How do we prove that the issue is a manufacturing / design fault?
Are there any independent double glazing experts we could ask to supply a report that we could use in potential legal action?
Thank you for any advice.

The obvious question is:  Why did you accept it over a year ago if it wasn't what you ordered?

It is a little complicated in that you bought from one place and paid for someone else to fit it.  Now you're caught between the two who will each naturally argue that the other is at fault.  Your best bet is to ask a local glazing company to inspect the roof panel in question and determine if it's faulty.  If it is, then you could go down the small claims route, but an important question here is: Did you give the supplier a chance to rectify the fault, or has your builder worked on it three times before you contacted the supplier?  If you didn't, you can see where that might lead - the retailer could reasonably say that it's now been bodged multiple times and they weren't given the chance to rectify the fault.

Who created the specification?  You?  Your builder?

Rural_Puppy

Thank you for replying. We accepted the change reluctantly as it came at the last minute before we signed, and the co told us there was no alternative. With hindsight we probably should have pushed harder for precise reasons for the design change. We now suspect (although the supplier refuses to tell us) that the reason is because their manufacture process only allows for a max size of glass. 
We got the roof joint resealed once by the builder before contacting the supplier. Initially, they offered various ideas for remedy of the various defects, but we were not convinced these would be of any use. We asked them to come and inspect it so that we could discuss options, but they refused, and sent a deadlock letter. We have been arguing with them since last October.

We then got it resealed a third time, about a week ago, and it is now leaking again. Not as badly, but still letting in water.
You are quite correct, we are caught between the two with supplier and builder (who has a very good local reputation) blaming each other.
We created the spec, but much of the discussion was by phone, with sketchy records on the supplier side.
This is probably going to end up going to small claims, so it is working out who best to contact to get a report that sets out the issues. Would a surveyor be the right person?

Aylesbury_Duck

A surveyor would be able to help, but so would any decent, local, reputable glazing company.

Having accepted the change, that avenue for a claim (them not supplying what was originally ordered) is closed.  That leaves the matter of whether the join is inherently faulty or not as the basis of any claim.

Rural_Puppy

Thanks Aylesbury. Indeed, they have tried to dodge it already by saying "we have installed similar elsewhere with no problems", which seems irrelevant to me!
Its a monopitch roof, with a fairly shallow angle of pitch so water flows off the roof of the house onto the conservatory roof and lies against the joint. Basically the joint is relying on a layer of silicone to keep the water out, which is inherently unsuitable for the situation.
I truly wish we had not accepted their design change, and gone elsewhere to get what we wanted, but we were in the midst of a large refurbishment, with a lot going on, and probably took our eye off the ball.
Its whether we should spend additional cash on getting a survey done.
We would like to find a solution, ideally a single pane of glass, rather than the join. But the supplier will not give us the technical parameters for the conservatory frame, so we cannot be certain this would work either! 

pinkshoes

Rural_Puppy said:

Thanks Aylesbury. Indeed, they have tried to dodge it already by saying "we have installed similar elsewhere with no problems", which seems irrelevant to me!
Its a monopitch roof, with a fairly shallow angle of pitch so water flows off the roof of the house onto the conservatory roof and lies against the joint. Basically the joint is relying on a layer of silicone to keep the water out, which is inherently unsuitable for the situation.
I truly wish we had not accepted their design change, and gone elsewhere to get what we wanted, but we were in the midst of a large refurbishment, with a lot going on, and probably took our eye off the ball.
Its whether we should spend additional cash on getting a survey done.
We would like to find a solution, ideally a single pane of glass, rather than the join. But the supplier will not give us the technical parameters for the conservatory frame, so we cannot be certain this would work either! 

I would insist that their own installers come and sort the problem to prove that it isn't a design fault. If THEY can't fix it then point proven - their design is at fault. 

Rural_Puppy

pinkshoes said:

 

I would insist that their own installers come and sort the problem to prove that it isn't a design fault. If THEY can't fix it then point proven - their design is at fault. 

Thanks Pinkshoes.
We asked for that too. They refused, saying they don't operate in our area, even though their website says they do!

pinkshoes

Rural_Puppy said:

pinkshoes said:

 

I would insist that their own installers come and sort the problem to prove that it isn't a design fault. If THEY can't fix it then point proven - their design is at fault. 

Thanks Pinkshoes.
We asked for that too. They refused, saying they don't operate in our area, even though their website says they do!

Sounds like they know it's faulty so therefore don't want to have to fix it.

I would keep pushing to get their own installers to come. Point out their website says they DO operate in your area, but even if they don't any more, then you are giving them the opportunity to prove that their design isn't at fault. 

If they are outrightly refusing, then you would need to get a roofing expert that can write a report stating that the design is at fault, not the fitter. You would then need to take them to court.  

I would perhaps say that if they are refusing to send one of their own fitters to sort it out and prove it is not a design fault, then you will be getting an expert in to write a report and taking them to court for a full refund plus costs to have it dismantled and returned to them plus all other costs.

zoob

Check and see if the manufacturer is a member off the Glass and Glazing Federation 
If they are you could contact the GGF and ask if they can help resolve the dispute 
The GGF set the standards for the industry and will get involved in dispute resolution or at least point you in the right direction 

Olinda99

I would forget about the design change that ship has sailed

The question is does the conservatory asxsupplied have a design fault ie is it incapable of being made watertight under any circumstances?

Get an expert report and then follow advice above and sue them.