Wrong windows

[spencerdavis]

In 2005 we accepted the architect’s plans to rebuild our house. We employed a builder to do the work. In 2006 we, due to reliability issues with the architect we chose to employ a relative to project manage the build.
The majority of the materials were supplied by the builder but we chose to order the windows using the specifications supplied by the architect.
A few of the windows came damaged, during the delivery checking the builder pointed these out and we arranged for replacements.
All seemed well until 9 months later when the building inspector gave his report, it stated that some of the windows should have been safety glazing as they were installed below 800mm above floor level.
The builder says he 'is just a country builder' and could not be expected to check that we supplied the correct windows and that we should pay for new windows.
The building inspector says that any builder should know never to install non-safety windows below 800mm.
We feel the builder should pay to replace the windows and we should pay the difference between standard glazing and safety glazing because he should have checked this either at delivery inspection or during fitting.

Any views on our predicament?

[willyj]

Hi
I hate to be the bearer of bad news but I am afraid my view does not agree with yours as I shall attempt to explain.

In this case you have employed the builder to provide a service, so he cannot be considered as a developer supplying a finished product and you have 3 points of contact all with specific roles: -

“We accepted the architect’s plans to rebuild our house�
“We employed a builder to do the work.�
“We Chose to employ a relative to project manage the build.�

You have in effect answered your own question in the following sentence: -

�The majority of the materials were supplied by the builder but we chose to order the windows using the specifications supplied by the architect.�

The builder here is simply the artisan piecing together the various components that go into your new house. He works to the drawings and specification supplied by the architect and takes other instructions from the project manager and is equally reliant on them as you are to supply the correct information. As the windows were specified by the architect it is his responsibility to ensure that they comply with the Building Regulations as, at the time of ordering, he would probably be the only member of the team who would be aware of their intended height above floor level as he had designed the house. The builder may have been in a position to check this information should he have been responsible for ordering the windows but you have compounded the error by ordering them yourself. All he has done is simply fit the windows with which he has been supplied. He did not design them or order them.

For the building inspector to state that “any builder should know never to install non-safety windows below 800mm� is a sweeping statement that takes no account of the type of work the builder has previously been employed on or how often he fits windows at a height that does not exceed 800mm above finished floor.

Your argument lies with your architect.

[spencerdavis]

Surely it is the builders job to ensure that the building is fit for purpose and complies with building regulations?
Is it not the builders job to ensure that the building is likely to comply with regulations, as it is progressing?
As it was a fixed price contract with the final installment (which is greater than the cost of replacing the windows) waiting for the building certificate, we have reached a stalemate.
It may be easier to cut all ties with the builder, keep the last instalement and use that money to replace the windows and pay for snagging?