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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10257
Experience:  I have been practising for 30 years.
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I have purchased a new build property two and a half years

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Hello my name is*****
I have purchased a new build property two and a half years ago, the company who built the property included a turfed garden.
after 6 months the garden died, we complained and the company re turfed the garden as we were still under warrenty. The garden died a second time and we were advised that the garden did not have adequate drainage and a layer of clay was underneath the turf.
When brining this to the attention of the company that built the property they re turfed again and added compost to the underlying soil. Once again the turf died, however this time the two year warranty had passed. On complaining a third time the company referred us to a secondary company that took on an extended warenty however this only covered structural damage.
A representative from both companies came to asses the garden and they concluded that the garden had been destroyed by a insect called leather jacket and was not covered by any warranty. Since we have had 2 independent landscape companies confirm with us that the garden does not have adequate drainage.
I would also like to mention that on the second re turf the building company sent there landscapers to re turf our garden without or knowledge. They gained access to our garden and re turfed without our permission or consulting with us.
We have a full record of all correspondents via email on all the above matters including the company admitting that they should not have gained access to our property and carry out repair work without consulting us.
To have the garden properly fitted with drainage and re turfed will cost us in excess of £3000.
My question is do we have a case to take the issue to court and get the company to carry out the correct repair work that need doing. Also how much will it cost for the legal proceedings and if we win will the company be forced to pay for this as well.
I look forward to hearing from you
Christian Wragg

Are you satisfied that you can now get the garden turfed, paying for it yourself, (and perhaps recovering the cost) and that it will not die?

Customer: replied 1 year ago.
I will be able to reterf but how oils I go about recovering the cost?

Under the Sale of Goods Act which applied prior to October 2015 goods (house and turf) have to be of satisfactory quality and fit for purpose. This is clearly not satisfactory quality but the applicable period is only a 12 month period and in your case it appears that the was a longer warranty in respect of the grass provided presumably by the supplier of the grass for 2 years.

However neither the statutory 12 month period or the retailer 2 period apply in respect of replacements. It is the overall period which is relevant.

However goods (the lawn) have to be free from manufacturing defects (which would include the subsoil below the turf and the turf itself) for a period of 6 years. After 2 ½ years it would be for you to prove that the defect in the ground or the grass existed at the time of manufacture (when it was all put together and laid). That would come down to whatever evidence you are able to get from the new supplier as to why the old grass died and the new grass has not. Before you rush off to court to claim the cost every turfing, you need to make sure that your new grass is going to last as long as grass normally lasts.

More importantly, you are going to need some written evidence from turf suppliers (the more the better) which says exactly why all the previous grass has died and what work is necessary and has been necessary to put it right.

It would be small claim court claim.

Can I clarify anything for you?

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