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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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In November 2013 we had the chimneystack removed, whilst trying

Customer Question

In November 2013 we had the chimneystack removed, whilst trying to remove the stack the builders discovered the RSG sat actually in the chimney stack, they took out the metal RSG and replaced it with wooden RSG which they assured me was up to building regs, they had not quoted for the removal and so did not charge me for the new RSG. Cracks have appeared in the bedroom where the stack was removed and in the bedroom next to it, I had a Structural engineer inspect the cracks and we need to replace the wooden RSG with a metal RSG, the Structural engineer designed a new beam(£125.00) and has submitted it to building control, (£120.00) the builders are not happy about paying for the repairs as they already took the "hit" when they replaced the RSG, they have said they will give us a discounted rate. Can you please let me know are we liable for the repairs ?
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 :

Have you had a surveyor in to get a second opinion please?

JACUSTOMER-59q0toii- :

Hello, no I have not had a surveyor in for a second opinion, I have had other builders in. Why do I need a surveyor

JACUSTOMER-59q0toii- :

The surveyor will tell me to get a structural engineer. The structural engineer inspected the house before the chimney stack came down.

Alex Watts :

What I would do is get a survey. That way you can see what has been done and whether in the view of the surveyor the company has been negligent.

Alex Watts :

You can disclose the report to the builder.

Alex Watts :

Then if the surveyor says the company has been negligent then yes you would have a claim.

Alex Watts :

If not then no, you do not have a claim

Alex Watts :

You can then write to the company and ask that they put the work right, if they are negligent.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-59q0toii- :

Can you please explain to me why the findings of a surveyor would have more "weight" than a report from a structural engineer.

JACUSTOMER-59q0toii- :

Also the company are willing to do the work, but only if we pay to put right their mistake.

Alex Watts :

As long as there is a report then that is all that matters.

Alex Watts :

There is an implied term under Section 13 of the Sale and Supply of goods and Services Act 1982 that they act with all reasonable skill and care.

Alex Watts :

If they do not then there is a breach of contract.

Alex Watts :

So you have the structural report and therefore the process is the same.

Alex Watts :

Can I clarify anything for you about this?

JACUSTOMER-59q0toii- :

Do they have to complete the repairs in within a certain time frame ?

Alex Watts :

Again by law no. But the law would consider a repair to be within a reasonable time.

Alex Watts :

its hard to nail down an exact time.

Alex Watts :

But unless there is major work 28 days is reasonable.

JACUSTOMER-59q0toii- :

28 days from when the problem was discussed with the builders ?

Alex Watts :

No from the time you request to have it done now by letter

JACUSTOMER-59q0toii- :

will e-mail suffice ?

Alex Watts :

No, sent it recorded delivery.

Alex Watts :

If you email you need to make sure it has been read, unless they reply you have no proof

JACUSTOMER-59q0toii- :

Thank you.

Alex Watts :

Can I clarify anything else for you/

JACUSTOMER-59q0toii- :

I want to clarify something, Implied term under section 13, what does this mean ?

Alex Watts :

This is a term implied by law, so even if a contract is written or oral, this term is included by law.

JACUSTOMER-59q0toii- :

if they do not complete the work in 28 days, can i then get another builder in and take my former builders to court for the amount it has cost me to "make good" there work.

Alex Watts :

Yes once you have given them an opportunity in writing to fix

JACUSTOMER-59q0toii- :

Thanks for your help. I need to think about this and get back to you later.

Alex Watts :

Of course. Can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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