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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9029
Experience:  I have been practising for 30 years.
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I had an extention biult onto my home may 2015, on

Customer Question

I had an extention biult onto my home may 2015, on completion i had a laminate floor laid, within a few weeks this started lifting, the flooring company replaced this after deciding that maybe they hadn't checked with their meter properly to make sure the fconcrete had dried properly..I paid another £1000 on top of the original £1800 for another floor this time a floor that was mainly waterproof and with a guarantee of between 10 or 20 years i can't remember which. after a few months this too came up and i have had dynorod out and the buiding inspector,other flooring specialists and the buider who built the extention, it was found after looking outside that the builder had never finished the drainpipe and guttering allowing a massive amount of water to gho into the house through the brickwork..the builder at first offered to pay torwards a new floor but has since changed his mind after he was told that the floor had been put down on spongey fibreboard, he is saying that he's not paying for somebody elses mistake..i have rung the tech guys who make the flooring and they say that they don't recommend fibreboard but it doesn't make the floor faulty. The builder when he was shown the video of the water gushing into the brickwork due to the drains not being finished rushed round the same day to rectify the propblem although this has still not been finished properly, he said he'd come back another day to finish it..i don't know what to do now, the builder is trying to wriggle out of this saying that i have no damproofing under my old floor in original part of the house, he also says that when he took the old units out to build the extention it was already soaking wet! i have never seen any water on the floor under the units and one of the guys working on the buidling at the time said he didn;t see any water. i absolutely do not know what to do next and this is causng me massive stress, also the flooring that was put down a few montsh ago is now discontinued so we can't just patch it up with new boards the whole lot need replacing in something else. i'. praying somebody is giong to help me with this.
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

If this is the fault of the builder and you have evidence that will confirm on the balance of probabilities (the video is excellent) that this is his fault, and if he won’t pay up, you have no alternative but to take him to the Small Claims Court which you can do online from this link.

Write to the builder and tell him that you hold him liable for this, that you have discussed it long enough and that if he doesn’t agree to pay for the cost of the damage, you will take him to the Small Claims Court. Give him 2 weeks to reply and tell him that if he doesn’t fly positively in that time, you will let the court decide the issue.

That really is all there is to it because if he won’t pay, the only remedy is to take him to court.

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