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Jenny, Solicitor
Category: Law
Satisfied Customers: 6430
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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my builder has taken money for a new build checkmate warranty

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my builder has taken money for a new build checkmate warranty and now will not give me the warranty... is this classed as fraud or theft... how can I get him to either return my money with interest or give me the warranty? thanks in advance
Hello my name is ***** ***** I am happy to help you today. Why has he refused to give you the warranty?
Customer: replied 2 years ago.
he says he wants retention monies before he will hand over monies
Customer: replied 2 years ago.
however we paid for the warranty in june and retention monies were not due until last month... we have been chasing him since we moved in last year for the warranty
What are the retention monies in respect of ?
Customer: replied 2 years ago.
the final part of the contract
Customer: replied 2 years ago.
However of the retention - there are item of cost we need to remove and also the builder has not done the snagging list as requested over a year ago...
Hi Kitty has he been paid for the work done to date?
Customer: replied 2 years ago.
yes - all monies have been paid bar the retention of 2.5%
Customer: replied 2 years ago.
we have held up our end of the contract and we feel he has taken the money for the warranty in false misrepresentation
Ok thank you, ***** ***** you informed of the retention fee? Was this at the outset of the contract (invoice stage?)
Customer: replied 2 years ago.
Why are you reluctant to pay this now if you were aware of it from the outset?
Customer: replied 2 years ago.
I dont feel the warranty should be dependent on the retention fees
Customer: replied 2 years ago.
I feel he is being underhand and what is the say that if I pay him the retention fees that I will get the warranty?
Also he hasnt completed the snagging list associated with the retention fees
Ok I understand that. It should not be dependent on the payment of the retention fee and you should not pay him the retention fee if he has not completed the snagging list. I would suggest you send him a letter before action to say that he is in breach of contract by failing to produce the warranty and by failing to supply the snagging list and if these things are not resolved within 7 days you will: a) report him to Trading Standardsb) look at taking action to put this right in the County Court. Hopefully that will concentrate his mind and lead him to be reasonable. If it does not then you can get quotes from other builders to find the cost of putting the matter right and then raise a claim in the county court to recover your losses. Is there anything further you would like to know? If I have answered your question I would be grateful if you would kindly take the time to rate my answer as I am not otherwise paid for the time I have spent working on your question. Thank you and all the best.
Customer: replied 2 years ago.
ok that is very very useful.
one final point - the warranty wasnt part of the contract - the house was a new build and so it comes as standard that a new build warranty runs alongside it - however the architect did not specifically add to the contract. However it was a mutual understanding we had to pay it - so we did. So the above still apply?
Yes, you can add items to a contract at any time. The fact it is not written in makes no difference to the above advice.
Customer: replied 2 years ago.
the fact we have paid for the warranty and have emails to prove this - do this still class as a contract?
Customer: replied 2 years ago.
thank you very much
No problem, please remember to take the time to rate my answer before leaving the site and do come back to me in the future if you need to.
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