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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
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I just wanted an advise as i bought new built property 2

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I just wanted an advise as i bought new built property 2 years ago and found a problem in the kitchen units as there is black dust piling up in matter of 2 to 3 days after cleaning as this started happening in 3 moths of moving and i reported to the builder verbally and he said go to the kitchen supplier and i went to the kitchen supplier and they said it has nothing to do with so we had backed out but as the problem continued i again contacted the Kitchen supplier as they have given guarantee of 15 years on the units so they came to have a look and took some pictures and showed their experts but after a week replied that this dust is coming from the walls and i should contact the builder and the company with who we have new built home warranty i contacted the builder first who came to see again and then he said it is not from walls it seems it is from the units as for the warranty company is only interested once we have done the investigation as to what is causing this problem so i am stuck where to go and who is responsible for further investigation.

Hi Thank you for your question and welcome. My name is ***** ***** I will assist you. Is there building work still on going within the property?

Customer: replied 1 year ago.
Customer: replied 1 year ago.

Thank you. It would hard to understand that the dust would be coming from brand new cabinets. The logical conclusion would be that it must be coming from the walls. The only way to verify this would be to have an independent expert verify who as actually caused the damage concerned. Do you know another builder that could potentially diagnose the issue? Once you can establish fault you can sue to either have the damage repaired or recover the loss you suffer from having it repaired yourself. Why have the builders surmised the dirt comes from the cabinets?

Customer: replied 1 year ago.
The builders are saying the walls were plastered properly before the kitchen units were fitted i had received the email below
Thanks for your emails, I can see on their warranty they should support their unit up to 15 years and also I can confirm that this fine dust is not from masonry work whatsoever.
NB: All walls behind the units has been plasterboard and skimmed prior to fitting the kitchen unit and in my experience this defect related to the either units or work top.

Hi Thank you. From your experience of the situation the problem is caused by the units. In that case is there a defect with the units? If so, then this would be covered by the warranty. If they wont honour the warranty you will have to consider suing them the Sale of Goods Act 1979 - that the goods are not fit for purpose. Could the defect be caused by installation?

Customer: replied 1 year ago.
This is the problem they do not want to accept that the units have any defect or the dust is caused by installation as they had replied as below see the email
Hi Mr Tayob,
After passing on the pictures and report to our installation manager he has come back to me.
This isn’t an issue Magnet have ever had before and the dust is most likely not coming from the cabinets.
We think that it could be settling masonry dust which is following the flow of air through gaps in the back panel/carcase.
From the pictures its very fine dust, so could be blown through small gaps without too much pressure.
We would suggest that you get in contact with whoever the builders new homes warranty is with such as NHBC for them to investigate further.
Please let me know if I can help with anything else

Hi thank you. In the circumstance where both parties deny responsibility your only option is to see if you can get an independent carpenter to come and verify who is at fault. Once you have done this you can attribute blame and therefore start to bring a claim - if the attributable party won't compensate you. Kind regards AJ

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