NHBC Conflating Reported Issues

New Build Inspections
I have a query regarding my new build property, the NHBC and the developer Mulbury Homes (now frustratingly collapsed: Mulbury Homes collapsed owing £8m - Place North West).



The issue is that in 2015 during the first year “snagging” period, I reported the issue of efflorescence on the gable end wall.

I was assured by the developer that this was normal in new construction and that it would disappear after a while.



It did not and in 2019 after attempting to have the issue cleaned by a company, it transpired that the mortar mix was of poor quality.

Causing excessive ingress of moisture and leading to efflorescence and moss build-up.



I have had a chartered surveyor produce a report to this note. And several construction companies have echoed the same view.

Neighbouring properties also suffer from this issue, but for some reason, my neighbours don’t seem to be bothered about this.



In summary from 2020 up till now I have contacted the developer, then the NHBC and following their rejection of my claim, I have forwarded my complaint to the Financial Ombudsmen.

The claim has been rejected because the NHBC says I reported the poor mortar mix to the developer in the snagging period.

I maintain that I reported the cosmetic issue of efflorescence and I had no idea the bigger issue of the poor mortar mix existed until 2020 – therefore I did in fact report two separate issues.



The NHBC has conflated the two issues, in my view, to avoid honouring the claim.

Unfortunately, the Ombudsmen seems to agree with this decision – although they agreed I didn’t know about the poor mortar mix until much later.



Considering the collapse of the developer and the decision of the Ombudsmen, is there any recourse for me regarding this issue?

Thanks in advance.
 
youre looking at going to court i think ...let them decide

do you have legal cover on your home insurance ?

costs less then 12000 you can go to small claims

my understanding of nhbc is that if you reported the issue in years 1 or 2 then they would be supportive

i have clients where they didnt report it ...and they said they would not support them ...exact opposite to your situation

i take it you read terms and conditions well

it may be that you reported efflorescance and not mortar failure ......and thats why they wont support you

another angle may be to make a claim for building envelopes failure to be watertight due to mortar failure as this in my opinion would be covered under structure ...worth a try
 
youre looking at going to court i think ...let them decide

do you have legal cover on your home insurance ?

costs less then 12000 you can go to small claims

my understanding of nhbc is that if you reported the issue in years 1 or 2 then they would be supportive

i have clients where they didnt report it ...and they said they would not support them ...exact opposite to your situation

i take it you read terms and conditions well

it may be that you reported efflorescance and not mortar failure ......and thats why they wont support you

another angle may be to make a claim for building envelopes failure to be watertight due to mortar failure as this in my opinion would be covered under structure ...worth a try
 
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