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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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, I had internal wall insulation completed in my property

Resolved Question:

, I had internal wall insulation completed in my property under the property bay wales scheme 17 months ago. I was told that if there were any problems they would be dealt with as aoon as possible.
Over the christmas period I have noticed my boiler losing pressure everytime my heating is on. A plumber had a look and confirmed a leak from the radiator on the newly insulated wall but he said he cannot fix the leak because the pipes are buried in the wall and it will compromise the warranty of the insulation work. He also noticed damp on the wall and advised me to contact the contractors. The contractors however, state its not their fault but have not even looked at wall.
Now I dont know where I stand legally as I did not pay originally but may end up paying the repairs.
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
Why didn't you pay originally?
Customer: replied 2 years ago.

It was part of a new scheme in the Neath East Renewal Area, Neath Port Talbot County Borough Council, Wales as part of the proposed community energy saving programme scheme (CESP). To improve energy efficiency standards and reduce fuel bills.

Expert:  Jo C. replied 2 years ago.
Are you alleging that the installation all the work caused the leak problem are you saying that the leak problem is more problematical because you now cannot get the pipes because of the insulation?
Customer: replied 2 years ago.
Because the pipes are behind the insulation I am unable to confirm if the problem is due to burst pipe or workmanship but the plumber cannot touch the insulation as it will void the supposed guarantee. There's damp on the wall and my laminate floor is bubbling. The construction company States they can't do anything because it's over 12 month period but I have a copy of energy company obligation workmanship guarantee years but only valid if it's defective workmanship, which I don't know as nobody can touch the wall.
Expert:  Jo C. replied 2 years ago.

Well, obviously, someone’s going to have to touch the wall and get the leak fixed.

If this leak has only manifested itself 18 months after the installation has gone in place it seems unlikely that you would be able to prove that the insulation caused the leak unless, when the plumber investigates the course it is obviously caused by the insulation.

They cannot simply invalidate the guarantee unless whatever happens to the wall necessary to repair the leak compromises were at that point. They cannot invalidate the guarantee in a whole house purely because you broke into the wall at one point to fix a leak.

You are under a duty to mitigate your loss and in order to do that you are going to have to get the leak fixed. It is an impossibility to do it without removing part of the insulation and in that respect, if you reluctant to do it, ask the insulation company how they propose you repair these pipes.

Having then repaired the pipes and ascertain what the problem is you may potentially have a claim against the Insulation installers. I would then address any problem of the warranty when any warranty issue arises because at this stage you may be worrying about compromising the warranty over something which never goes wrong.

Can I clarify anything ?

Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
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