Building Warranty.

azzeretti

Would anyone be able to give an opinion on the following and what the outcome might be?

I bought a house about 5 years ago and at the time my solicitor wouldn't let me purchase as it didn't have a home bound guarantee. He negotiated with the builder and they agreed a 6 years builders warranty. Now, here I am 5 years later and the roof of my house has just been assessed by a structural engineer and he feels the whole roof needs replacing. The trouble is the builder is refusing to stand over the warranty and has told me that this has happened before and he even got taken to court and lost but has always refused to pay. To this date it seems he has never paid for similar problems and he doesn't seem to care. He seems to be fairly wealthy and has many houses for sale at present.

I haven't got around to my solicitor yet but I am wondering what legal action can be taken against someone who just refuses to pay up...even when taken to court.

McCrack

azzeretti wrote: »

Would anyone be able to give an opinion on the following and what the outcome might be?

I bought a house about 5 years ago and at the time my solicitor wouldn't let me purchase as it didn't have a home bound guarantee. He negotiated with the builder and they agreed a 6 years builders warranty. Now, here I am 5 years later and the roof of my house has just been assessed by a structural engineer and he feels the whole roof needs replacing. The trouble is the builder is refusing to stand over the warranty and has told me that this has happened before and he even got taken to court and lost but has always refused to pay. To this date it seems he has never paid for similar problems and he doesn't seem to care. He seems to be fairly wealthy and has many houses for sale at present.

I haven't got around to my solicitor yet but I am wondering what legal action can be taken against someone who just refuses to pay up...even when taken to court.

Legal advice cannot be given on this forum.
I suggest you take the question over to the askaboutlaw section in askaboutmoney.com where you can be given advice.

Spike440

Breach of contract and possibly negligence.

If he refuses to pay even after losing in court, there are enforcement procedures which can be taken. Ultimately, he could be jailed for contempt of court. I'd say he'd pay pretty quickly after a few nights in Mountjoy.

nuac

No sensible builder will refuse to pay a judgement. If it is registered against him, his credit is affected, and even his ability to complete sales of property.

Get a engineer's report and ask your solicitor to issue proceedings. Don't let the sixth anniversary of the date of the warranty/indemnity pass with proceedings being issued.

Maximilian

Please read the charter.

You need to talk to your solicitor.

Thread closed.