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Anthony Chendo
Anthony Chendo,
Category: Property Law
Satisfied Customers: 2725
Experience:  Solicitor at BLM
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A builder has built me block work garden room, with a flat

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A builder has built me block work garden room, with a flat roof I am not happy with. It has visible undulations and doesn't drain well. His proposed remedial work is to install an internal beam to support the roof and try to flatten the irregular surface. I am not confident in this proposal, or very happy with having an internal beam. Am I obligated to accept his remedial works? If I decline this solution, would that weaken my case if I were to pursue a small claim against him to construct or pay for a new roof?

Hello

Welcome to JA

I am sorry to hear about your situation.

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I will review your question and return to you shortly.

Customer: replied 12 days ago.
Thank you
Customer: replied 12 days ago.
I would like to continue in writing please

Hello

Where service provided is below standard the laws in place does not compel you to accept the remedial works proposed especially if you believe such works will not resolve the issue with the works. That said in order to strengthen your position that the measure proposed is not sufficient i suggest obtaining a 2nd opinion from another builder on the works undertaken so far and whether the remedial works proposed is reasonable. Assuming the 2nd opinion supports your position then you have good evidence to challenge the works proposed and perhaps ask for an alternative measure pursuant to the 2nd opinion provided.

I hope i have clarified the position.

Thanks and stay safe.

Customer: replied 12 days ago.
Thanks, that's very clear. I already have one verbal second opinion, they said they roof surface needs replacing. The current builder flew odd the handle when I told them this . I am happy to seek further opinions. However, I'm a bit mindful that these opinions are only verbal at the moment. Do I need this in writing? I am just a bit aware that an independent builder may not be inclined to make a written statement confirming that another builders work is below standard.

You will need something in writing especially if you wish to convince a judge and or the builder that you action to decline the remedial works proposed was reasonable.

I hope i have clarified the position.

Thanks

Customer: replied 12 days ago.
One thing I would like to do is ask the builder who completed the works to confirm in writing the specification that the roof was built to. E.g. timber sizes, timber spacing etc. So I can provide this info to someone giving a second opinion. I don't think he will provide me with this information. This doesn't help me get a solid second opinion on the completed works, however, in your opinion if he cannot produce the spec would this weaken his case should this go to court?

Yes it will weaken his case if he does not provide the info given the specs of the material used.

I hope i have clarified the position.

Anthony Chendo and other Property Law Specialists are ready to help you
Customer: replied 12 days ago.
In honesty I do not really want the current builder to complete the remedial work, even if he agrees to put on a new roof. He took an unreasonable amount of time to complete this current work and I do question the quality of his work. Where do I stand in terms of just asking for the money to get another company to complete the works?
Customer: replied 12 days ago.
Any thoughts on the above? In that case I'd be seeking compensation from the builder to the value of the remedial works.

Its unlikely you will get 100% of your money back given he has done some work. That said before you consider such measures you will need evidence in writing to confirm that works undertaken are below the industry standards.