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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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I had major work done on my property, grade 2 to anchor a chimney

Customer Question

I had major work done on my property, grade 2 to anchor a chimney and insert ties in 2009. When I asked about guarantee at the time, they said I'd get that with full payment, but I never did and now need some sort of guarantee from the builders who are saying they wouldn't guarantee such work.
This could seriously put off potential buyers. I'd appreciate any help!
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Did you sign any form of contract note with them? If so did that include mention of a guarantee?

Kind regards

AJ
Customer: replied 3 years ago.

I must have signed something as I have an acceptance of quotation copy they gave me.

It does mention I could apply for 10 or 20 year back up guarantee, if available.

It says in conditions of contract, upon payment of account builders will issue their guarantee, if applicable.

Hope this helps,

AIJAZ Ahmed
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The back up guarantee is an actual financial guarantee based on an indemnity policy. You would have had to have paid extra for this.

Their guarantee is just their word they will come and fix any problems in the guarantee period. If that is what you are looking then they will have to give you a piece of paper or something with this confirmation on.

The best way to ease a buyers concern is to go and buy a separate policy for these works.

Does the builder have any form of professional association?

Kind regards

AJ

Customer: replied 3 years ago.
I wouldn't object to buying a policy, though not sure how to do this.
The builders are part of PCA, BSI, UKAS, BSWA and BWPDA, if this helps.
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

As an example http://www.blpinsurance.com/get-a-quote/?gclid=COb7wbWS27UCFYFF2wodVVsA4Q this company will quote for the type of indemnity policy that you need in order to satisfy a buyer. Also ask your solicitor to recommend a broker or provider.

I would suggest you write to the builder and demand that they give you a written guarantee as per their terms and conditions. If they do not then you should complain to one of their professional regulators and Trading Standards. The issue you have is the guarantee is not really worth anything nor can you sue them for anything until there is a problem and it has caused you loss.

For future note the best way to deal with this is to hold back 5% of the contract price until they issue the guarantee form.

I look forward to hearing from you.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience: Solicitors 2 years plus PQE
Alex J. and 4 other Law Specialists are ready to help you
Customer: replied 3 years ago.
That's what I think I'll have to do.
Thank you for answering my question and it's been very helpful.
Kind regards,
Aijaz
Expert:  Alex J. replied 3 years ago.
Hi,

No problem.

I wish you the best of luck.

Kind regards

AJ

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