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My bungalow was completely renovated in Jun- Oct 2018

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My bungalow was completely renovated in Jun- Oct 2018 including complete install of ensuite bathroom including electric underfloor heating and complete tiling. Some floor tiles have started to "pop" and lift. and the movement has shortcircuited the underfloor heating element, an electrician has confirmed that there is no circuit. I have offered the builder the opportunity to visit but he has simply replied" "The remedial period for refurbishment works such as this are for 12 months only.
All works have been installed to manufacturers recommendations and tested at the point of completion" Does fit for purpose apply to the building trade? as I would not expect to replace a bathroom floor within 3 years!
JA: Have you replaced this before? If so, how long ago?
Customer: The floor was constructed from new and tiled in Oct 2018 less than 3 years ago
JA: How long has this been going on? What have you tried so far?
Customer: Requested builder to attend
JA: Anything else we should know to help you best?
Customer: No everything is in the original message
Customer: replied 13 days ago.
Probably better answered by legal

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Hi, welcome to JA, I am Readylaw one of legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation. I may not respond immediately, this is because I may need a few minutes to read what you shared above, type and respond to you. Feel free to ask any follow up questions as needed until you are satisfied.

Thanks for your patience and enquiry.

This is a very difficult situation because you are right, one really does not expect that things would become undone after three years.

A contractor does have an obligation to ensure that work is carried out and completed in a proper and workmanlike manner. Typically a workman is required to ensure that the renovation work is done with skill and care, using good quality materials.

The difficulty you will have though is that work such as these,  as pointed out by the contractor does have a 12 months window where if a defect is found it would be up to the builder to repair. After this time, the builder would not be liable and even if you were to take the builder to court it would be difficult for you to show that the tiles have lifted due to the builders poor workmanship and not as a result of any other factor.

I know this is not ideally the news that you were looking for . I  am however required to let you know your legal position as I understand it to be so that you are not misinformed.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 11 days ago.
Thanks for that response - disappointing. However, first the underfloor heating manufacturer (Warmup Ltd) provide a diagnostic service which will identify where the break in the circuit is and why the break has occurred. If it is a manufacturer problem they will repair it. However if they report that it is due to the installation method then it is our responsibility to fix at our expense or take up with the original contractor. This assessment will be crucial.
Second the building contractor also tiled a second bathroom walls and floor. His 1st attempt was unsatisfactory and unacceptable in that the wall tiles were uneven and the joints mismatched. He retiled over the top of the 1st attempt and again made no improvement in the quality. I recalled him and told him that the standard was unacceptable and that I would now employ my own tiler to complete the work as I could not rely on his ability as a tiler. Furthermore because I had retained £5000 for snagging work, the cost of the retiling would be deducted from the balance. He did not think that was fair but I insisted that his company co-director visit and view the work. His partner visited and after only little persuasion he agreed that the work was not to standard and that I should continue as I suggested. The new tiler removed the defective tiles and retiled to a satisfactory standard and I then paid the snagging balance less the invoice cost to the new contractor. I have an email trail and photographs to confirm the above.I will now wait for the Warmup contractor to give his verdict on the quality of workmanship. (he is visiting on Tuesday 5 May)In light of the above, what would your advice be.Many thanks

I suspect as you have said much will depend on the assessment that is to be done and whether it points directly to the initial installation method being faulty.

Customer: replied 10 days ago.
Thanks, ***** ***** comment on the additional information about the unacceptable standard of tiling I the 2nd bathroom.May I come back to you once the Warmup engineer has visited tomorrow?Many thanks

I believed I had addressed it earlier. I agree with you that a workman is required to carry out his work with reasonable skill and care. This is included in the Consumer Rights Act and is the position you should adopt with respect to the overall poor quality of work which has been done.

You may raise a new question on the platform once you have received the report.

ReadyLaw, Lawyer
Category: Law
Satisfied Customers: 2596
Experience:  Bar Professional Training Course
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