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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'm philip. My balcony floor has become sodden within five

Resolved Question:

Hi.I'm philip. My balcony floor has become sodden within five years and now leaks into the flat below. A contractor has told me it is durathane and not fibreglass and the Board underneath is not marine ply. It is not covered by nhbc. Do I have any redress?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Have you seen the HNHC guarantee and whether this is excluded?Alex
Customer: replied 1 year ago.
I have and it excludes balconies. We may be able to chat later if needed, but I have to go out in a few minutes.
Expert:  Ash replied 1 year ago.
When was it built please?
Customer: replied 1 year ago.
Around 2008/2009.
Expert:  Ash replied 1 year ago.
Its bad news I am afraid, if the terms exclude the balcony then sadly there is nothing you can do. If you had known earlier you could have claimed the builder under breach of contract. However the Limitation Act 1980 states you must bring a claim within 6 years. Bearing in mind this happened in 2009 then you would have had until 2015 to bring a claim.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
Sorry I have not rated you yet. I have been away. To be honest I am shocked by what you say. It would seem then that builders can (knowingly) build something that should last a lifetime (and certainly 20 years or more) badly and walk away scot free after six years if it does not. I shall not drag this out, but is that what you are telling me in a nutshell?
Expert:  Ash replied 1 year ago.
Indeed, but sadly this is the Limitation Act 1980. Where there is a contract it must be 6 years from when it was completed. I am sorry its not better news but I can only tell you what the law is.I am very sorry. Alex
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