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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I had a Conservatory built approximately two years ago. Shortly

Resolved Question:

I had a Conservatory built approximately two years ago.
Shortly after completion, I detected water ingress from the guttering system; the Company did respond to my complained and so say rectified the fault. Water continued to ingress into the Conservatory. After two or three attempts to rectify, plus tha addition of another Down Pipe, water still appears into the conservatory. Despite my best efforts to achieve satisfaction, the work has still not been completed satisfactorily. Water is now seeping in because of the Guttering Joint being defective.

Please can you advise my position and what options, if any, I have?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you have had a third party contractor attend to inspect the installation please?

Customer: I have not engaged any other party to date, I have dealt only with the supplying Company on a personal basis.
Joshua :

Thanks

Joshua :

have any of your dealings with the company been in writing to date or has everything been verbal? If you have had dealings in writing, have you retain copies of correspondence, for example emails etc?

Customer: All verbal thus far, the supplier does have electronic records of all contacts and attempted repair work they have undertaken.
Customer: All contacts have Ben polite etc, it is just that the work has not been completed satisfactorily.
Joshua :

Thank you. As you will be aware. the position here is that you have two differing sets of rights. The first set of rights you have under any warranty from the manufacturer of the conservatory which are likely to be somewhat limited insofar as that they are limited to the terms of the warranty which are probably not overly generous and particularly if the warranty has now expired. I will leave this here though because of what follows.

Joshua :

You have a another set of rights by virtue of your contract with the contractor which carried out the work. This set of rights are much more extensive as terms are implied into your contract by virtue of the Supply of Goods and Services Act that the work carried out must be satisfactory and fit for purpose and as agreed and any materials supplied in the course of their work must be of satisfactory quality. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage or otherwise under the provisions of the Sale and Supply of Goods to Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage.

Joshua :

Under these rights you can insist upon a repair or replacement of any faulty workmanship or materials the contractor has supplied at the contractor's discretion. This right lasts for up to six years under the Limitation Act against the contractor though will be limited to what is reasonable given the life expectancy of the work carried out. You are required to give the contractor reasonable opportunity to repair or replace. There is no specific prescribed number of times that you must must not allow them the opportunity to do so however if they have failed to repair the same more than two-three times or refuse to repair the same this would usually be held to be satisfactory opportunity to do so and you would be within your rights to instruct an alternative contractor to quote to remedy the matter and look to the original contractor for the cost.

Customer: The Company agree that the ingress is due to leakage at the joints of the guttering, they hold photographic evidence to this effect and have agreed the required repair. It is becoming rather tedious now and important that repairs are undertaken without delays, unfulfilled appointments etc. All I really need to know is can I reasonably claim internal decorating costs and what I can reasonably request to get a satisfactory result.
Joshua :

the first thing to do is to formalise your contact with the company by making contact with them in writing either by email or by letter so that you have a record of contact with the company. In your initial email or letter, consider setting out a brief summary of the history together with dates and what was agreed for the record. This will be useful in the event that you decide to proceed to court

Joshua :

in your letter, you will wish to invite them to attend to rectify the issues within 10 days failing which you will invite to alternative contractors to quote for rectifying the issues and look to the original contractor for the costs

Customer: Many many thanks.
Joshua :

if the original company does not attendand satisfactory remedy the works, within the timeframe you outline, you can consider retaining one ideally to other contractors to attend to provide a quotation for remitting the works that they identify are required.

Joshua :

You can if necessary then proceed to issue a claim against the original contractor firm for the costs of the cheaper quote either before they carry out the work or after or during as you prefer. During any County Court claim, you would need to be able to show that you had given the original contractor reasonable opportunity to repair and rectify-hence my concern that you ensure you put something in writing and retain a copy which demonstrates that you have given them more than ample opportunity to attend and repair and they have declined to do so either by prevarication or expressly refusing to attend.

Joshua :

if you need to issue proceedings, the simplest way to do so is by using www.moneyclaim.gov.uk. If the claim involves is less than £10,000 which I assume will be the case, the matter will be heard on the small claims track which is very user-friendly and cost-effective and does not expose you to the risk of legal fees of the other party which cannot be claimed in the small claims track

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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