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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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When a Client enters into a contract (in this case JCT IBC

Resolved Question:

When a Client enters into a contract (in this case JCT IBC 2011) with a Builder - who advertises on his website that he is an NHBC Registered Housebuilder - for a one-off private residential development, is it incumbent upon, a) the Builder to offer or, b) the Client to request, that measures be implemented prior to commencement of construction for the necessary inspections to be contemporaneously performed to enable an NHBC warranty to be handed over upon completion of the project?
The NHBC-registered builder I entered into a contract with failed to initiate the NHBC warranty process prior to commencement of construction and is blaming me for not requesting it.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Did you sign any terms and conditions?
If so, did it say you had to request it?
Alex

Customer: replied 1 year ago.
Alex W - thank you for your initial response. For the moment I have not accepted the offer of a live discussion for one simple reason - I am currently outside of the UK on business and I don't believe you would be happy incurring international telephone charges.The only signed document that exists between the Employer (i.e. me) and the Contractor is the JCT Intermediate Building Contract 2011, supervised by a RIBA Architect. I selected this particular builder on the basis of, a) price-competitiveness and, b) the fact that the builder's website advises that they are an NHBC Registered Housebuilder. Possibly naively I assumed that by entering into a contract with an NHBC Registered Builder that builder would unilaterally initiate the NHBC warranty process; it has only come to light, six months into the project, that the builder hasn't done that.While I was able to fund the initial cost of the build from my own financial resources, I am now finding that the lack of an NHBC warranty is making it more difficult to obtain a mortgage to fund completion of the project.I am happy to bear the cost of an international telephone call and contact you tomorrow - if that's permissible. Otherwise we can continue communicating via this method. Thank you.
Customer: replied 1 year ago.
Incidentally, the builder has within the past few days approached NHBC to apply for a warranty retrospectively - but has been refused.
Expert:  Ash replied 1 year ago.

Were you ever informed you would need to ask for this warranty beforehand?
Is it contained in the documents you would need to apply?

Customer: replied 1 year ago.
No, I was not informed that I would need to ask for this warranty beforehand. Again, I just assumed - hire an NHBC Registered Builder, get an NHBC warranty.I am sorry - I don't understand your second question.
Expert:  Ash replied 1 year ago.

Sure. Is the requirement to ask to apply for warranty contained within any of the documents supplied by the builder? Ie was it brought to your attention?

Customer: replied 1 year ago.
No, there is was no requirement to ask to apply for a warranty contained within any documents supplied by the builder (in fact the only documents supplied by the builder pre-commencement were a construction programme and a cash flow). The matter was never contemporaneously brought to my attention by the builder at all. Sorry to repeat myself but I assumed that in hiring an NHBC Registered Builder at the very least - if the NHBC warranty wasn't available automatically - the builder would have had the expert knowledge and prior experience to at least raise the issue with me as the Client.
Expert:  Ash replied 1 year ago.

Yes indeed I would agree.

The fact remains that the builder is the professional, you are not. Therefore if it was the case that YOU needed to apply for the warranty this should have been reasonably brought to your attention. It was not and therefore you can consider that the builder is in breach of contract by failing to act with all reasonable skill and care.

Therefore you will be in a position to ask the builder to rectify, at his cost, any faults which occur during the guarantee period.

Sadly you cant make the NHBC register the warranty, they have refused it. But this means the builder is liable.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Alex W - you have been brilliant! If I need to contact you further on this issue am I able to do so through this medium in the first instance? I haven't ruled out the possibility of a follow-up telephone discussion when I get back to the UK shortly.Thank you very much for your time and expertise this evening. I will complete the rating momentarily. Philip
Expert:  Ash replied 1 year ago.

You can come back to this website and start a question for Alex W, I can then pick it up.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck Philip. Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I will rate right now. Once again, thank you - and have a good evening.