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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32222
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We hired LABC to give our new build house a warranty and

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We hired LABC to give our new build house a warranty and they failed to pick up on the lack of expansion joints not being installed and we have since had to pay over six times the cost to do it after the house has been built. When should we tackle requesting compensation - before sign off or afterwards?
JA: Where are you? It matters because laws vary by location.
Customer: S25
JA: What steps have you taken so far?
Customer: Weve been offered compensation from the architects who failed to put them in the plans at the time the building work started
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Were out of pocket by £3500 and been offered £1750 from the architects and want to address this with the warranty company who failed to pick up on this during the first three inspectionsCustomer: Chat is completed

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Customer: replied 12 days ago.
Thank you Joshua

I'm sorry to read of the above. You refer to "hiring" LABC. this is a further that this was a property you built yourself using contractors on land you already owned or was it a new build property built from a commercial developer please?

Customer: replied 12 days ago.
Land we own and house we built ourselves
Customer: replied 12 days ago.
I'd prefer to keep to chat at the moment if thats ok

  1. thank you. Have you raised the issue with the contract he retained to build the property or in the event you instructed multiple contractors in this respect personally, the relevant contractor that was responsible for this element?
  2. how long ago roughly was the property completed?

Customer: replied 12 days ago.
the property is not yet completed
Customer: replied 12 days ago.
Sorry I dont understand your first question
Customer: replied 12 days ago.
We havent reached sign off yet
Customer: replied 12 days ago.
My question is when should we address it with LABC - before sign off or after?
Customer: replied 12 days ago.
We have to pay site insurance for every month the house is not signed off

I was enquiring in relation to my first question whether you have raised the failure to install the relevant joints properly or at all as the case may be with either your architect or contractor according to whoever's fault it is in respect of the failure to install?

Customer: replied 12 days ago.
we have already addressed this with the architect as a result they have offered us £1750 of the £3500 its going to cost us to get it done now compared to the £600 it wouldve cost us had they been included in the first plans
Customer: replied 12 days ago.
The builder followed the plans he was provided by the architect and then the warranty company came out three times and did not report they were missing till visit number 4
Customer: replied 12 days ago.
by which time the house was already built

thank you. From what you say, has the architect accepted liability in respect of the issue? If so, why have they only offered you half of the likely costs of rectification? have you accepted this offer?

Customer: replied 12 days ago.
Thanks Joshua, yes the architect has accepted us liability but only offerred 50% as they believe they are only 50% liable. We havent accepted yet

thank you. Why do they believe they are only 50% liable? this would suggest they consider that somebody else is jointly liable? Have they offered a view as regards ***** ***** is?

Customer: replied 12 days ago.
they believe LABC warranty company should pay the other half who failed to spot after multiple visits only after the house was built did they put it in their report
Customer: replied 12 days ago.
here is what the architects said.... "We do, however, empathise with the position which you now find yourself in and we would suggest that whilst the cost for the new expansion joints is currently £4,118.40, we would estimate that the additional cost to you of installing of the expansion joints as the work progressed would always have been in the order of £600 and therefore the damages incurred by yourselves would be circa £3,500. "
Customer: replied 12 days ago.
34;With this in mind, we are prepared to offer on a without prejudice basis, a commercial offer in full and final
settlement of any claims you may have against Taylor Tuxford Associates Limited regarding our services
provided on the property at 78 Church Lane for a sum of £1,750.00 including VAT. This is on the straightforward
basis that Taylor Tuxford Associates Limited contribute fifty percent of the additional works costs, and a
contribution of the remaining fifty percent is made by others. "

  1. thank you. Finally, was the issue that the architects of the do not specify for the joints to be installed?
  2. would I be correct to understand that you retained LABC for the purposes of building regulation compliance and warranty or just a warranty?

Customer: replied 12 days ago.
1. the architects did not specify in the original plans provided to the builder about the expansion joints
Customer: replied 12 days ago.
2. yes
Customer: replied 12 days ago.
sorry scrap 2
Customer: replied 12 days ago.
we are just checking on number 2 to see what we have paid for
Customer: replied 12 days ago.
we believe it is building regulation compliance and warranty
Customer: replied 12 days ago.
We receive a site inspection report after each visit
Customer: replied 12 days ago.
this is the latest inspection report we received which hopefully will answer which we get
Customer: replied 12 days ago.
completion documents we should receive at sign off includes: Building Control Completion Certificate

thank you. the building regulation contract is relatively narrowly defined service. The role of a building inspector for this purpose is to ensure that a project is compliant with building regulations and ultimately, to provide a final building regulations completion certificate. It is not the job of the building inspector to specifically identify design flaws or supervise construction beyond the above narrowly defined obligations.

As such, I do not readily see how the architects can seek to pass partial liability to the building inspection company on the basis they could have identified the fault sooner because this is not their role. Their role is to identify compliance with building regulations and in this respect, they appear to have done so and that they have identified this issue later than otherwise they could have done I do not see put them in breach of their above narrowly defined role in and of itself.

It seems to me therefore that your claim in relation to additional costs you are incurring which plainly is not your fault, lies with the architect and they should be offering a full indemnity in this respect. To the extent that they are refusing to do so, you may need to consider refusing their offer and advising that unless they are prepared to offer a full indemnity in this respect, you will need to ultimately consider issuing proceedings in the County Court to make a recovery.

if this becomes necessary, the simplest way to do so is by using the courts online issuing service:

https://www.gov.uk/make-court-claim-for-money

Customer: replied 12 days ago.
thank you Joshua very helpful!!!
Customer: replied 12 days ago.
We had to pay £105 for a company to quote for the expansion joints to be done. Are we in a position to ask for this cost to be recovered too?

on the face of it, as you can show that the architect is in breach of contract and negligent, it follows that if you can demonstrate this to be the case, you can claim any and all costs that you can show are a direct an unavoidable consequence which would include on the face of it the above cost

Customer: replied 12 days ago.
Thank you Joshua very helpful! Think we have exhausted questions for now. Will be in touch if not

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 12 days ago.
Thank you how do I request you?

I'm glad I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.

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