builder refusing liability for fallen roof tiles (amongst other things!)

[peachipi]

Hi,

We have been banging our heads off the wall with our builders for almost three years now. Their standard of workmanship has been utterly abysmal and we have experienced all the usual excuses and problems in getting snagging issues rectified.

Tiles were falling from the roof in the early stages and after a huge amount of delaying, the builders finally arranged for a contractor to repoint the tiles. He stated that the original mix used had been too sandy and was simply not holding.

Recently we had a windy evening and several coping tiles fell off. We have a pathway next to us and our cars in the driveway - the potential liabilities from further falling tiles are a horrendous thought.

The builders are now stating that as we are outwith our two year period, they are not liable and we need to deal with the NHBC. I don’t fancy my chances after all I’ve read about them uniting forces with the building companies.

Can anyone advise where we stand as this was an issue reported to them within the initial two year period and seemingly has not been rectified sufficiently if more tiles are falling off (no other tiles fell from other houses that last windy evening).

On another couple of small notes (I will try to keep it brief!) we also recently took some tiles off a wall in the downstairs loo to find that the pipework behind it was wrapped in kitchen foil. I understand aluminium metallic tape, which should also be adhesive, is used on pipes – but this foil is loosely wrapped around the pipes! It’s not the first issue we’ve had with such shoddy workmanship being revealed when we’ve gotten behind walls etc.

Finally, prior to moving in our salesperson pointed out an indentation in one of our carpets and we have a handwritten note on one of our checklists that it would be replaced. When we chased this up, we were told that as it had not been specifically mentioned on our snagging sheet, they were assuming we had been happy to keep it that way and would not replace it!

We have said that we will go to the small claims court and they have said in response that their stance will be to ‘vigorously defend’ themselves all the way.

What customer service – unbelievable!!

If anyone has any comments or suggestions – or even some direct experience and advice we would really welcome it right now.

Many thanks for your time.

[Structural Assistance]

Dear Sir

The builders are now stating that as we are outwith our two year period, they are not liable and we need to deal with the NHBC.

Their Liability stays with them as they worked on rectifing the problem within the first two years.

Call NHBC - Who will no doubt refer you back to the builder.

Place your queries to the Builder & Nhbc in writing, you need a paper trail.

You are covered, even if you have to take Smalls Claims action against the builder. You are covered.

By the way to sandy, means we didnt add enough cement. To lean a mix. Typical.

[marlyn1]

Check your house insurance for legal cover and take them to court. Get a surveyor out to assess the ailments he will do a report and then his account can be claimed back. It is not a quick process but builders hate bad press especially in this climate! If your house insurance does not offer legal cover check your
employer and any plans you may automatically pay onto. NHBC are a waste of time and you need a good surveyor who is independent. Thats what i did the builder cannot argue with the quality that the surveyor finds and trust me it is bad.

[Structural Assistance]

Check this out. http://www.theexpertengineer.co.uk/

Feel free to call me, that won’t cost you anything.

[NewHomeExpert]

As you have clearly reported the problems within the two year period as as they have not been properly rectified then either your builder or the NHBC will have to address them. The liability stays with the builder as they acknowledged the problems inside the two years of completion.

The NHBC are not on the builder's side!

Place your complaints in writing to the House builder & NHBC, you need a paper trail. My website has template letters!

Regarding the roof tiles, they are called ridge tiles. The NHBC have standrds requiring both the mix of mortar (including the type of sand) and the end ones need to be mechanically fixed to the roof. Your home insurance would cover any public liabilty if anyone was hurt by a falling tile but as you are aware of the problem you need to do something about it so you should watch out you are not held negligent. Write to the house builder and transfer all liability for any injury claim to them. My guess is that frost got to the mortar used before it had cured and hardened.

Internal plastic water service or heating pipes are wrapped in foil so they can be traced using cable tracers. Whether self-adhesive or wrapped it doesn't matter. Not a defect.

Dents in carpets (not floors) can sometimes be reduced by putting something frozen on them like an ice block. But after two years I expect you would like a new carpet!