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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have had a new roof put onto a domestic building 2 years

Resolved Question:

I have had a new roof put onto a domestic building 2 years ago but had problems since it was installed with crumbling mortar - this has been replaced with a dry ridge system for which we have had to pay extra on top of the original price of the roof and the gulleys re-mortared . I still felt it was wrong as I asked the roofer to replace ripped felting and remove the debris which was left between the felt and the tiles. I also informed the roofer the dry ridge system did not look right compared to our neighbours but was told it was just from another manufacturer. I have just had another roofer have a look at the roof and the dry ridge system at the end of the tiles is on upside down, the gulleys need replacing again and the felt still needs replacing in places. This is going to cost approx. £1500 where do I stand with getting this back from the original roofer who I have lost complete faith in please?
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year 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.

May I ask in relation to the original roofer did he provide you with a quote for carrying out the work or did he give you an estimate please? Do you still have any documentation?
Customer: replied 1 year ago.

we have the original paperwork for the work to be completed and the new paperwork for what we had recently had done both of which have been signed by the roofer on receipt of payment. I have also taken photographs of what he has done

Expert:  Joshua replied 1 year ago.
Many thanks for the above. Based upon what you say, you have an agreement with the roofer you paid for the supply and installation of a new roof. You will have a wide set of rights by virtue of the terms implied into your agreement with the roofer 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 roofer'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, the roofers original work was not satisfactory and there is a potential claim available to you for the additional work you paid for over and above the original quote if it was a quote that was received. In addition there would appear to be a further potential claim available for the further work that is required to correct the work on the grounds that 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 roofer's discretion.Under the supply of goods and services act, you are required to give the original roofer reasonable opportunity to either repair or replace the roof. I would have concerns with regardsnto his competency if he has put tiles on the wrong way around but the Act requires you to provide reasonable opportunity nonetheless. You might ask to see a copy of his indemnity insurance and qualification(s) however before you allow further work to be carried out on your roofIf they fail to take advantage of your reasonable opportunities you give him to repair or replace the roof, you can consider contacting a third-party roofing contractor to quote for carrying out repair work replacement work as is necessary in order to perfect the roof. You can look to the original roofer for the costs of that work.Ideally you would obtain at least two quotes from alternative contractors and use the cheaper of the two. You will also need a short report on the roof to confirm the findings you have been advised. Photographic evidence would also be useful in case of future dispute. If he fails to respons of repair or replace, you may consider writing to the original roofer expressing disappointment that despite further attempts on [dates] the roof remains defective 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 him 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 according to manufacturers requirements and building regulations and look to the original roofer for the costs of that work and if appropriate the costs of the further superfluous work he carried out for you on the grounds of breach of contract under the terms implied into your contract by the supply of goods and services act.If he ignores your request or fails 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 roofer for 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 from your alternative contractor in order to pursue the claim against the original roofer which you can ask your alternative contractor to supply as part of their quote. If you require a paid for experts report, you need to ask the court's permission once you have issued the claim and when granted, which I would expect permission to be granted in this case, you can claim reasonable costs of an experts report against the original roofer 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
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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