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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12092
Experience:  30 years as a practising solicitor.
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Was wondering if you could help me with a question? We

Customer Question

Was wondering if you could help me with a question?
We recently built a house and now been in it for just over a year now, just over 3 months ago the heating system in the house (air source heating) had stopped working .
So the house has no heating for that time, thankfully it's the summer. We have tried contacting the plumber who installed it but after false promises we are still waiting.
So we have now decided to give them to then end of the month to get it sorted.
If we don't hear anything is there a case to take this further? After spending thousands on the system ,you would at least like it to last longer than a year.
Hope you can help
Regards ***** *****
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Assuming there is no written contract to consider, the legal position is that it is implied into the contract that the system would be fit for purpose and would last for substantially more than a year.
You should offer the contractor the chance to remedy the defects. If he refuses you have to get an alternative contractor to fix it and then claim the cost from the first contractor.
I hope this helps. Please leave a positive response so that I am credited for my time.