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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, Due to recent bad weather, our conservatory of 6-7 years

Resolved Question:

Hi, Due to recent bad weather, our conservatory of 6-7 years has started to leak. The leak is coming from above the french doors that were put in to the existing outer wall by the conservatory company. The company were in charge of the whole installation, and subcontracted out the building work. The builder cut the hole into the wall for the door that allows entrance into the conservatory. We had an independent surveyor visit the property recently who has given us a written account that says cavity trays should have been fitted above the door to allow any water that has seeped through the large exterior wall to seep back out again before running in to the conservatory.

The wall and whole house has seep holes on it that shows it had porous bricks, therefore should easily been seen by the installing company.

Water now comes in and has damaged plasterboard and electrics in the conservatory.

Should the company take full responsibility of installing these trays now and putting the situation right including the damaged interior (which they also fitted) at their own expense. Or is it that the cavity trays weren't a legal requirement at the time so it's not their fault.

Many thanks.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

How long was the guarantee for please?

Customer:

Hi Alex, For building work 1 year. For the PVC/Glass etc.... 10 years.

Alex Watts :

Did the surveyor say it was the conservatory company's fault?

Customer:

he said "It is my opinion that cavity trays are an essential element required to be inserted when a conservatory or extension is added............. it is a design understanding that some water could be present"

Alex Watts :

Not being a builder, does that mean the Conservatory people didn't do what they should have?

Customer:

in his summary later.....

Customer:

"Taking all of the factors into account I summarise that there is one construction defieiency that needs to be resolved, in terms of providing the missing cavity tray"

Alex Watts :

Ok - that is good then.

Customer:

basically from what I've read, it's not compulsary, but they should be put in to make things water tight.

Alex Watts :

You need to get 3 quotes for getting the work put right, this forms your loss.

Alex Watts :

You need to write and set out your losses and request they do the work or payment to get it done within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. You would the be able to use the expert report to show the Judge that they should have taken steps

Alex Watts :

They should have acted with all reasonable skill and care as per Section 13 of the Sale and Supply of Goods and Services Act 1982

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I think you've basically confirmed what I thought, along the lines of duty of care of supply of contract i guess.... thanks for the extra information...

Customer:

many thanks for your help....

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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