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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45387
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had an extension built 2 years ago, the builder had put a

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I had an extension built 2 years ago, the builder had put a water down pipe which ran the water over the new roof, this caused water to leak into the new extension. I have painted the interior once at cost to myself. The builder said it was a one off due to adverse weather pusing the rain back up the slates. When it happened again I called the builder again , the roofers se sent said the issue was the down pipe , they moved it temporarily and that eased the problem, but I still have damage to the interior which my builder said he is not liable for. Also they need to investigate the roof properly, the builder said the slates are no longer available and if they are broken he could not be held liable. Surely if the roof is less than 10 years hold it is under warranty and he would be liable, can you please advise.
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Did he provide a guarantee at the time?
Customer: replied 8 months ago.
he is a master builder , but did not provide an explicit guarantee
Customer: replied 8 months ago.
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Customer: replied 8 months ago.
I had requested the guarantees but he said since he had the responsibility of the whole build , I just need to contact him.
Expert:  Ben Jones replied 8 months ago.
So what exactly is causing the problem? The pipe? And when exactly were the things that cause the problems built/ installed?
Customer: replied 8 months ago.
the built was in 2002, the down pipe he fitted caused the water ingress into the room, the ingress started happening a year after the build. When the down pipe was moved the ingress receded but there is now damage from the ingress of water inside the house. We have taking to the builder since the first instance a year after the build.
Customer: replied 8 months ago.
They had positioned the water down pipe wrong the extended roof
Expert:  Ben Jones replied 8 months ago.
Thank you. It is not the case that you get an automatic guarantee for 10 years unfortunately. The way that guarantees work are in one of two ways – you get your statutory rights under law and then you get additional rights under contract. The rights under law are governed under legislation and what they say is that when you have work done it must be of satisfactory quality, and fit for purpose. The rights under contract are those given to you under a specific warranty by the builder, how eve there is no obligation on them to issue you with any warranty, that is done voluntarily. Finally, you can take out additional cover yourself under insurance. If you were not given any specific guarantee then you cannot rely on any contractual guarantee and your only rights will be the statutory ones you get under law. The issue with these is that there is a limitation period within which you can make a claim and this is specifically defined in law as being 6 years from the date of the damage occurring. So if this initially happened in 2003 then you would be out of time to make a claim, even if they would have been liable at the time. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 8 months ago.
apologies just checked the paper work the work completed in august 2013
Expert:  Ben Jones replied 8 months ago.
right ok so that would make a difference - as mentioned earlier you do get statutory rights on top of any contractual warranties which is what you would be relyng on here. So as it is within the initial 6 years you can, if needed, pursue the matter further. In order to resolve any problems that have arisen, it is generally recommended that you follow these steps: 1. Collect all documents relating to the work (e.g. estimate, contract, correspondence, etc.).2. Contact the trader and explain your problem. Ask them to return to fix the issues and set a reasonable time limit for them to respond (7 days is reasonable).3. In the meantime find out if the trader is a member of a trade association with a mediation service that can help resolve your complaint, such as the FMB4. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses.5. If the trader fails to respond or refuses to resolve the problem, you could potentially get a different trader to complete the work and consider suing the original trader for all or part of these extra costs. Remember that court is your last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position. 6. Finally, make sure that you send all correspondence by recorded delivery and keep copies. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you have to take this down the legal route, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45387
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 8 months ago.
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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