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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11213
Experience:  Senior Associate Solicitor
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I have bought a new build and my render is falling off. I

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I have bought a new build and my render is falling off. I have contacted render company direct and they say that the render needs to be taken back and reapplied. This issue has been going on since May with the builder lying about being in contact with the render manufacturer . I have emails to this effect
JA: Where are you? It matters because laws vary by location.
Customer: Colchester
JA: What steps have you taken so far?
Customer: I've contacted the render manufacturer for advice and also to check that the builders solutions were right... they are not. I've also been chasing.the builder since May when the render started coming off. Huge mess everywhere.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I believe that a property in the road had their render redone. When I was buying the property their solicitors told me that there was no problem with the render it was just drying out! The manufacturer says it dries out in 8 weeks. It was up for sale May2019 and I purchased it March 25th this year.

Hi, this is Jim, thank you very much for the question - I will do my best to resolve this for you today.

With this being a new build there should be a warranty with NHBC so you can ask them if they can help with this. If not, you have a right to sue the builder under both the Consumer Rights Act 2015 and also the Defective Premises Act 1972. The building must be free from defects, fit for purpose and as described. If not then you can sue the builder for your losses though you would need a quote from a surveyor for the costs involved, once you have those you can send the builder a letter before action (see attached), give them 30 days to pay, if they do not then you can issue a claim at http://www.moneyclaim.gov.uk

You could ask the builder for details of their redress scheme and complaints policy - go through the complaints procedure and if that doesn't work, then involve the independent dispute resolution company, IDRS Limited - this costs £100 to make the complaint. You should try your warranty provider before you contemplate court action though - a new build house usually has a 10 year guarantee. The solicitor who told you the render was fine could also be negligent - as you were induced to buy based on a false statement, so you may also wish to sue the solicitor for misrepresentation - for the remedial costs.

I hope this helps - please feel free to ask me anything else.

Have a good day,
Jim

Customer: replied 6 days ago.
Hi Jim, so I think what you are saying is contact Premier which is the insurance company. I've only been communicating with the site manager to date. Should I send a message with my issues to the managing director?

Yes, if you speak to the insurer, no need to talk to the site manager as it seems have fobbed you off for some time. And yes, contacting the MD of the company would be a good idea.

Customer: replied 6 days ago.
my problems are being fobbed off and site manager not employing qualified contractors. Should I threaten legal action and include all the other issues?

Yes, you should do - though first you would need a quote for remedial repairs to tell them how much you are claiming from them

Customer: replied 6 days ago.
The site manager needs to know that I don't want my render touched as not recommended. Also for repairs do I have to use his contractors since they are frankly incompetent!
Customer: replied 6 days ago.
How do I save our conversation. I have dyslexia and need to have records

No, there is no reason why you as an aggrieved consumer needs to use their contractor - you can use your own.

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