Claim for Loss of Earnings

[ashley136]

Hello -

I'm hoping that I can get some advice on a claim against a national home-builder.

I bought a home in July 2010 and have had 5 plumbing leaks in the past 12 months. This has ranged from a pipe connection breaking and flooding a room, through to the failure to connect a bath plughole/waste pipe to the plumbing system (ie: all bathwater drained onto the floor!)

I have needed to take a large number (10+) of days annual leave to attend my house for repairs due to the poor plumbing. All the faults were caused by poor/faulty installation and I consider them to be beyond normal "snagging". One of the leaks was repaired one month, only to leak again only 6 weeks later.

The leaks have caused damage to ceilings/floors that has all been repaired/repainted by the builder under warranty - so aesthetically the house is "as new".

I would like to claim on either the builders (national homebuilder) or on the contracted plumbers (local company) insurance for loss of earnings as I believe that having 2 weeks off work due to an installers negligence is quite different from a couple of days for new home "snags".

Can anyone advise if they have tried this or the best way to proceed? I have made a formal request for compensation and outlined why I believe it's required, but currently the builder is saying that they will not compensate me financially.

Thanks in advance,
Ashley

[Chuck Sidfrum]

If you can easily prove loss of earnings it should be very easy.

For example, if you took time off work unpaid, and your employers gives evidence to that effect then I would expect builder to reimburse you for out of pocket expense.

More complicated is if you work for yourself, and thus instead of spending time on your business were spending time on builders defects and remedials works - it should still be claimable, but I suspect you'd need a solicitors help.

[NewHomeExpert]

Clearly your new home was built using a plumbing contractor of questionable ability and pride. You should not have had 5 leaks in 12 months and thre damage caused to your brand new home must have been very upsetting.

Regarding compenstation for loss of earnings.
Even if you took paid leave to be available for the works to be completed you have still "lost" valuable holiday days. If you are lucky your employer may agree to let you have unpaid leave if you need to take the holiday. In any event you were not free to enjoy your time off.
If you are self employed the same applies and your lost earnings should be easier to define.

On top of this you have the inconvenience, and nuisance of having to live with your house in a mess whilst he various repairs were carried out.

You cannot claim compensation from the plumber. You did not have any contract with him. Claim from the house builder who will almost certainly make a claim against their plumbing contractor. Take no notice of your builder's stance of not paying compensation. They all say that it is not company policy at first!

My advice would be to assess how much (lost wages + nuisance) compenstaion you require and write to the CEO stating what you have suffered and what you now want as compensation. Until there is a figure nothing will happen.

The important thing is never to give up.