Settlement Cracks

yandeboy · 10th February 2009, 11:25

Can anyone advise or comment on this.
We noticed the usual settlement cracks in our new home. When we complained, we were told both verbally and in writing that All settlement cracks would be fixed at the final snagging stage - 2yrs.
We are now at that stage but builder has not retracted stating not all would be done, only the major cracks wider than a pound coin. They state i was mis-informed and have not even apologised

Where do we stand on this. I have the letter from them confirming all cracks would be dealt with. Can they not be bound by this? I dont want to rush to NHBC cos they would take side with builder as usual.
Builder is acting funny cos i have given them a tough time since we bought this property. They have actually repaired all cracks for other neighbours. Does this not amount to discrimination?

yandeboy · 11th February 2009, 17:14

Sorry. to be more specific, letter/email actually states 'ALL shrinkage cracks would be dealt with'.
I am told this means all cracks irrespective of whether it is structural or plaster

Tony · 16th February 2009, 22:45

Hi, generally only shrinkage cracks 2mm or more can be dealt with as snagging defects. The only caveat is that they are not acceptable at handover. However, the letter you have is effectively a contract. Have a look at this: Is it a legally binding contract? | Consumer Information

If they don't accept this then you could potentially get the cracks fixed and make a claim through the small claims court - assuming it is less than £5000.

Making a Small Claim | Consumer Information