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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have an ongoing problem since end of February 2015 with a

Resolved Question:

I have an ongoing problem since end of February 2015 with a leaking roof, I have asked this Roofing Company- Robinwill Group to put insulation on a flat roof. This involve removing the old roof and replacing same. This job was completed last summer. We now have a water ingress in the kitchen area due to a leak from the newly completed roof. This occurs everytime it rains. We have reported this problem to the Company and whilst they have responded on numerous occasions the problem remains. The Company told us that it is Company policy to send the same roofer who installed the roof and that he is responsible for repairing all subsequent problems, unfortunately, this roofer is not able to solve the mystery of this leak, despite the fact that he was here 5 times since the end of February. Our quality of life has been greatly affected, there is a big hole in the kitchen ceiling. What else can we do, please advise?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

For the avoidance of doubt, is this a house rather than a flat please?
If so was this a case where you had problems with your roof, retained the above contractor to repair or replace the roof but have continued to have problems since they carried out the work?
When was the work carried out to replace the roof and when did you first raise a complaint? Did you do so in writing?
Customer: replied 2 years ago.

This is a bungalow which we own. Since we moved here in February 1998 we have the same flat roof (did not have the insulation) and we never had any problem. In June 2014, we decided to put insulation so we called and commissioned Robinwill Group to carry the job and gave us a no quibble guarantee for 10 years. In February 2015 we started to have leaks in the kitchen.When we first reported this problem we called their office, but did not write.We sent the first email on the 27 April 2014.

Expert:  Joshua replied 2 years ago.
Many thanks. based upon what you say, you have an agreement with the company you paid for the supply and installation of a new roof. I understand from what you say that the contract included a 10 year guarantee and of course you have all the rights provided by the guarantee. However, guarantees are often littered with caveats and limitations of liability and under the terms of the guarantee, I would not be surprised that he would be limited to dealing with the company itself and that you are reliant entirely on them to carry out the repairs though the guarantee may be a little more generous than that. most guarantees however do not contain detailed provisions dealing with a situation where the guarantor company fails to abide by its obligations under the guarantee.You will normally have a much wider and generally better set of rights by virtue of the terms applied into your agreement with the company under the supply of goods and services act. Irrespective of whether a guarantee exists or not, under the supply of goods and services act, you have a right to require that the company's work is of a reasonable standard and was conducted with reasonable skill and care and any material supplied in the course of the contract or of reasonable quality and fit for purpose. From what you say, either one or more of the materials used is not satisfactory or the work carried out was not carried out with the appropriate level of skill and care. in either event, you can require either a repair or replacement at the original company's discretion.Under the supply of goods and services act, you are required to give the company reasonable opportunity to either repair or replace the roof. From what you say, it appears you have given them more than adequate opportunity to do so may be sensible to give them one final opportunity to make good the works carried out. If they fail to take advantage of your reasonable opportunities you give them to repair or replace the roof, you can consider contacting a third-party briefing contractor you quote for carrying out repair work replacement work as is necessary in order to perfect the roof. You can look to the original company for the costs of that work. Ideally you would obtain at least two quotes from alternative contractors and use the cheaper of the two.Accordingly, you may consider writing to the original company expressing disappointment that despite xx further attempts on [dates] the roof remains non weather tight reminding them of their obligations under the supply of goods and services act and that you have given them more than reasonable opportunity to repair or replace the roof and have failed to carry out that work satisfactorily. Accordingly, you may consider giving the notice that you are allowing them one final period of opportunity in order to complete the works satisfactorily and that they have not done so within say 14 or 30 days (your choice) you shall contact the third party contractor in order to survey the roof and provide a quotation for the repair or replacement is necessary in order to make the roof weathertight and look to the original company for the costs of that work on the grounds of breach of contract under the terms implied into your contract by the supply of goods and services act.If you ignore your request or failed to make the roof weathertight following the opportunity to do so, you can contact one or two third-party roofing contractors to provide you with the above quote and then issue proceedings against the original company breach of contract in the County Court. The simplest way to issue proceedings in the County Court is using the courts online issue service on the following link. You can also claim the costs of issuing the claim together with any expenses you incur attending the hearing. You may need an experts report in order to pursue the claim against the original company which you can ask your alternative contractor to supply has part of their quote. If you require expert report, you need to ask the court's permission once you have issued the claim and the granted, which I would expect permission to be granted in this case, you can claim reasonable costs of an experts report against the original company if your claim is successful.https://www.moneyclaim.gov.uk/web/mcol/welcomeI hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.

We are satisfied with the answer of Joshua. Rate to finish is higher than "OK" so Joshua should get a credit.

Thank you

Expert:  Joshua replied 2 years ago.
Many thanks.
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