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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45315
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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WE had a conservatory built in 2008/9 we have never been happy

Resolved Question:

WE had a conservatory built in 2008/9 we have never been happy with it but due to problems with the builder we put up with it the last 18 months the conservatory has been moving away from the house, it would appear the brickwork has not been tied in and after investigatory work into the foundations they have not been dug deep enough to accommodate the type of conservatory and the willow tree / other trees in the garden. The roof is fully glazed and last year we had to shut off the conservatory because it was moving considerably causing the structure to creak.. where do we stand with the builder I have sent him a letter explaining the situation but hes just totally ignored them
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Is the builder still trading?

Customer:

yes he is he is in our local village

Ben Jones :

Has he ever accepted responsibility for this? Have you had it examined by an independent builder to see where the fault lies?

Customer:

The builder just totally ignores everything we have sent him, we have independent reports from ground engineers, we have had 2 independent conservatory specialists come out and confirm the problems and costs for rectification, we have even had the assistance from our Insurance Company Natwest who undertook ground tests of the soil, movement of the conservatory, we have all the evidence against him but he just ignores everything.

Customer:

The reports state that the foundations have not been excavated to 1.5 mtrs they are only 600mm, also the compact of the material used is road chippings, and that the brickwork has not been tied into the house therefore it has no stability and moves considerably to the point you can see day light through all the cracks where the conservatory abuts the existing house

Ben Jones :

ok thanks let me get my response ready please

Customer:

thank you

Ben Jones :

Whilst the builder will likely have liability for the bad workmanship and the issues that this has caused, the reality is that it would not necessarily be easy to pursue. No one can actually force someone to come and repair their work or to compensate you for it so if the person is refusing to deal with this issue to your satisfaction then you will eventually have to consider involving the courts as that is your last option and what you would be expected to do if all else fails.


 


As far as the law stands, when you have entered into a contract for work and materials, where the main focus is labour and skill, the law says that the work must be:



  • Carried out with reasonable care and skill – i.e. to a proper standard of workmanship;

  • Finished within a reasonable time (unless a specific time has been agreed); and

  • Provided at a reasonable cost (unless a specific price has been agreed).


 


In addition, any materials provided as part of the work must:



  • Match their description

  • Be of satisfactory quality


 


If there are problems with the standard of work, or the materials used, you will have certain rights and in terms of potential compensation, you may be entitled to that in the following circumstances:



  • The work was not carried out with reasonable care and skill, or finished within a reasonable time;

  • The tradesman has been negligent in their work;

  • You have accepted a repair, which turns out to be unsatisfactory;

  • The services are unsafe and someone has suffered injury

  • You have incurred additional expenses or suffered inconvenience because of the tradesman’s breach of contract.


 


Whilst you can use lawyers to pursue this matter, that is not a legal requirement so to keep the costs down you could try and pursue the matter yourself. You can send any letters and make the claim yourself – for example if you are after monetary compensation for having to pay someone to fix the issues, you can issue the claim directly via www.moneyclaim.gov.uk.


 


Just a word of caution – any claim for negligence must be submitted within 6 years of the negligent act taking place, which would be the time the actual work was done, so do not unnecessarily delay pursuing the matter as you are not far off from being time barred to take the matter further.

Customer:

Thank you, XXXXX XXXXX has not been carried out with reasonable care and skill, building regs have not been complied with and there is the safety factor that the glazed roof because the structure is not built to standard could potentially collapse. We believe the tradesmen who carried out the work where not skilled as they would have known to tie the new brickwork into the existing. I will commence with the moneyclaim route and see where that takes us. thank you

Ben Jones :

you are most welcome, best of luck with this

Customer:

thank you for your advice, I have just completed a money claim online so we will see. Kind regards XXXXX XXXXX good day

Ben Jones :

Thank you and you too

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45315
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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