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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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we have had some coping stones slide off of our roof we have

Resolved Question:

we have had some coping stones slide off of our roof we have contacted both our insurers and the developer
our insurers reputed as they said it was down to poor workmanship and the developer blamed the weather
as this was a dangerous situation (our property is on the edge of a pavement) we have had the repairs done
the house is 13 years old and therefore outside the HBC warranty
how can we recover our costs from the developer
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this
Alex Watts : For now please let me know whether the insurers are refusing to pay out please?
Customer:

they have refused on the basis that in their opinion this was due to poor workmanship and using the incorrect mix of mortar and not pining the stones in place

Alex Watts : Even though it was 13 years ago?
Alex Watts : Does the insurance policy allow them to exclude for this purpose plesse?
Customer:

they have repudiated because they say it was not due to the weather

Alex Watts : Is the policy for weather only?
Customer:

no i don't believe it is it is a homeowners policy with direct line

Alex Watts : Can you check the terms?
Customer:

it says that we are covered for fire explosion lightening earthquake storm flood but not any thing that happens gradually which i guess is what we have had happen

Alex Watts : Ok In that case it's bad news, you can't get the cost of repair back.
Alex Watts : As you know the HBC guranatee is 10 years.
Alex Watts : In order to claim from the developer you need to show breach of contract but the limitation period for this is 6 years as per the Limitation Act 1980
Alex Watts : This means your claim would be 7 years of time and would fail.
Alex Watts : Therefore sadly you will have to pay for the repair.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Alex Watts : Can I clarify anything for you about this today please?
Customer:

no thank you for your time

Ash and 2 other Law Specialists are ready to help you

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