NHBC Resolution Service

[NHBC-BULDER VICTIM]

think the NHBC prays that these things end up in court cos they then pull back out of it- anything included in the court proceedings is then not covered by them so they win again.

[Structural Assistance]

Originally Posted by tabithatabby

If NHBC send you a completely incomprehensible letter, saying "that as your problems have been subject to legal proceedings, this dispute is not suitable for consideration under the Resolution Service and the NHBC will be unable to assist further on this occasion" where does that leave you when you still have some of the 2 year initial snagging cover - what do you do next?

Try this out:

The Expert Engineer||Help and advice with structural claims

[SteveF]

Originally Posted by tabithatabby

If NHBC send you a completely incomprehensible letter, saying "that as your problems have been subject to legal proceedings, this dispute is not suitable for consideration under the Resolution Service and the NHBC will be unable to assist further on this occasion" where does that leave you when you still have some of the 2 year initial snagging cover - what do you do next?

Hi Tabithatabby

The NHBC do say that if legal action is commenced then the Resolution Service will not be offered however this does not absolve the NHBC of their obligations under the Warranty.

The Resolution Service is only a means of resolving disputes that you may have with your builder with regards to the making good of defects raised within the first 2 years of the warranty. This service is offered as a means of reaching agreement with the builder without the need to either follow the arbitration route (format and process including jurisdiction to be agreed between the parties) or to go down the legal route. Once a decision to follow either of these routes has been made then the Resolution Service becomes redundant so to speak.

The NHBC warranty is still in force even if arbitration or legal action is commenced. That means that the NHBc and the builder still have obligations under the warranty.

Extract from NHBC information

"During the first 2 years
The builder is responsible for putting right any defects or damage caused by their failure to build to the NHBC Standards.

The builder should put right, within a reasonable time and at their own expense, any defect or damage caused to your home which is notified to them during the relevant notification period (First 2 years).
If you have to move out of your home so that work can be done, the builder, by prior arrangement, should meet any reasonable costs you incur for removal, storage and appropriate alternative accommodation.
If the builder has been notified of a defect or damage during this period of cover, then they remain liable to put it right even after this period has expired.

If there is a dispute between you and your builder about work to be done, then we may be able to offer our Resolution Service to assist in resolving disputes about defects or damage relating to the NHBC Standards.

If your builder cannot meet their obligations to rectify defects because they are insolvent or they don't comply with an NHBC resolution report, or if they don't pay an arbitration award or court judgement against them relating to their obligations under Buildmark, we provide cover for their obligations."


So contrary to common perception the NHBC can not walk away from their warranty obligations in the event of legal action being taken.


SteveF