Is my builder liable?

TheSpectator

Rosa_Klebb said:

user1977 said:

“Good and workmanlike manner” might help, but we’d need to see the whole contract. Was there a two year deadline?

Also, does the seller still exist and have assets? Often it’s a separate company for each development, so if Bloggs Builders (Meadow View) Limited has sold all the properties and emptied their bank account, there’s little point suing 

The builder is still trading (same company number) and has assets, and we are aware of where many of these assets currently are, on another development site they are working on.

Which is a plus as far as you are concerned in terms of enforcing legal action but as you know this could be a lengthy process and possibly expenaive as no guarantee you will win. Time is not in your side in getting your house protected.

I see from your OP that you are waiting on a quote from the original builder - would you really want them doing the work after what has happened?

Rosa_Klebb

TheSpectator said:

Rosa_Klebb said:

user1977 said:

“Good and workmanlike manner” might help, but we’d need to see the whole contract. Was there a two year deadline?

Also, does the seller still exist and have assets? Often it’s a separate company for each development, so if Bloggs Builders (Meadow View) Limited has sold all the properties and emptied their bank account, there’s little point suing 

The builder is still trading (same company number) and has assets, and we are aware of where many of these assets currently are, on another development site they are working on.

Which is a plus as far as you are concerned in terms of enforcing legal action but as you know this could be a lengthy process and possibly expenaive as no guarantee you will win. Time is not in your side in getting your house protected.

I see from your OP that you are waiting on a quote from the original builder - would you really want them doing the work after what has happened?

No, we don't really want them doing the work, but we need to give them the opportunity to see if they will contribute, or provide at a discounted rate before seeking legal action.  Doesn't look good if we take them to court without giving them the chance to put right.  We are aware the builder has rectified another house on the development last year who had the same issue with just a £700 contribution from the house owner.

Rosa_Klebb

To add, we have been to the small claims court before regarding a previous issue with this developer/builder (unfinished snagging), and the process was fairly straightforward.  We won our claim and got paid quickly, but hence our developer is not our greatest fan.  We have no qualms about going this route again, and/or seeking enforcement should the need arise.  Obviously we would prefer not to but it is what it is to get it sorted.

fullyrendered

If they claim you have no rights under their own warranty or NHBC warranties you could have recourse under the Defective Premises Act 1972 (DPA) - related to this is the ability to make your claim within 6 years of discovering the defect, not 6 years from the point of purchase.

You would need specialist legal advice for this, but for the sums involved it might be worthwhile.

Make sure whoever puts the K-Rend on this time is an approved installer and you get the guarantees given to you.

eddddy

Rosa_Klebb said:

To add, we have been to the small claims court before regarding a previous issue with this developer/builder (unfinished snagging), and the process was fairly straightforward.  We won our claim and got paid quickly, but hence our developer is not our greatest fan.  We have no qualms about going this route again, and/or seeking enforcement should the need arise.  Obviously we would prefer not to but it is what it is to get it sorted.

But you need a legal basis for taking the developer to court.

I imagine that last time you took them to court for "breach of contract" - and the court agreed that the developer had breached the contract.

So far, in this thread, I don't think anyone has been able to identify any potential breach of contract.


In simple terms, you need to read through the contracts you have with the builder (including the warranty) and point at the terms in the contract that you think the builder has breached.

Rosa_Klebb

eddddy said:

Rosa_Klebb said:

To add, we have been to the small claims court before regarding a previous issue with this developer/builder (unfinished snagging), and the process was fairly straightforward.  We won our claim and got paid quickly, but hence our developer is not our greatest fan.  We have no qualms about going this route again, and/or seeking enforcement should the need arise.  Obviously we would prefer not to but it is what it is to get it sorted.

But you need a legal basis for taking the developer to court.

I imagine that last time you took them to court for "breach of contract" - and the court agreed that the developer had breached the contract.

So far, in this thread, I don't think anyone has been able to identify any potential breach of contract.


In simple terms, you need to read through the contracts you have with the builder (including the warranty) and point at the terms in the contract that you think the builder has breached.

Breach of contract is not building the property in a 'good or workmanlike manner' surely as per the contract terms?  The structural surveyor who visited has reported in writing to us as such.

Rosa_Klebb

fullyrendered said:

If they claim you have no rights under their own warranty or NHBC warranties you could have recourse under the Defective Premises Act 1972 (DPA) - related to this is the ability to make your claim within 6 years of discovering the defect, not 6 years from the point of purchase.

You would need specialist legal advice for this, but for the sums involved it might be worthwhile.

Make sure whoever puts the K-Rend on this time is an approved installer and you get the guarantees given to you.

Thanks, specifically which part of the defective premises act?  I had a quick look but can't see which part would be most relevant here?

Rosa_Klebb

Details of the sellers obligations under the contract.

eddddy

Rosa_Klebb said:

Details of the sellers obligations under the contract.

Yep - I guess failing to construct the property in a good and workmanlike manner sounds like an angle to try.

You can certainly use that angle to put pressure on the developer.

If it goes to court, you might need a report from somebody like a building surveyor expert witness, to confirm that it hasn't been constructed in a good and workmanlike manner.