Can I Take Builders To Court

wonder_woman

Hi guys
Myself and my husband bought a newly built house 4 years ago. Since then numerous things have gone wrong with the house, most of which aren't covered under the homebond guarantee. Some of the problems which occured early on were fixed by the builders and some fixed by ourselves. In the last 2 weeks alone, the ensuite shower has burnt out, the motor still works but behind the cover is full of soot and it keeps running out a constant heavy stream of water when powered off. The timer on the gas heating has broken which means that the heating is on when it should be off. The downstairs toilet keeps getting blocked due to builders rubble in the outside drain, the flush is also broken and its leaking from the back, cracks have appeared on every ceiling and you can now see the shape of the screw heads and the joins in the ceilings. The list goes on and on and i would bore you if i were to write it all down.

I've emailed the builders outlining all of the problems and requesting someone to contact me asap. I heard nothing back. I also phoned and left messages and got no reply. They are a very well known and reputable firm.

The query I have is this:
Is it possible for me to take them to court after a 4 year period??
We moved from a 25year old house because we didnt want to have to pump money into it. Now our new house is turning into a money pit.
Surely this isnt to be expected??
Any help or similar situations would be greatly appreciated.

Many thanks in advance

Victor

After several years electrical or plumbing fittings can be expected to wear out or otherwise fail.

If there is soot in your shower, I wouldn't use it for fear of it actually catching fire.

I suggest you employ a surveyor to go through the building, report on what the builder's responsibilities are and take the builder to task.

nuac

1. Get an engineers report

2..Bring report to your solicitor or set up a meeting between them to review position in relation to Home Bond guarantee and any indemnities given by builder ( which usually only cover structural defects ).

3. Your building contract may contain an arbitration clause - check position.

4. Prceedings will be statute barred within six years - six years might even in some circumstances run from the date of your contract as opposed to date of completion.

wonder_woman

Thanks for your replies guys.
I'm going to arrange for someone to come out and give me a full report next week and take it to the solicitors and see what they say.

mollzer

Hi there,
Just in relation to your shower and gas heating timer;
I have had the same problem with my electric shower after only 4/5 years. It blew a fuse and when it was checked there was soot on the inside. My electrician said that most showers in areas where there is hard water last 5 years at the most. So it had to be replaced.
Regarding the timer its not a builders problem either, its just something that can happen with a gas heater. I too had that problem when my heater was 3 years old. I presume you have it serviced annually?
Well we were told at our last service that the entire boiler will have to be replaced (at a cost of 2000 euro!) soon, and its only 6 years old! and all because of the hard water in the area we live! so be prepared for that in 2 years or so!

You said its a new house? did you have a snag list done when you moved in? and if you did I think the builder only has to complete the snag list....
Good luck

wonder_woman

Yes we did do a snag list when we moved but some of things have recurred since. There was damp on the back wall which must have just been painted when they were doing the snag. The damp got really bad last year after heavy rain and when I rang the builder they said that it would be most likely a roof tile loose and they wouldnt cover for that after 2 years. After getting a roofer out to have a look he had to patch up the edge of the roof with cement or something similar ?? Apparently it should've been done originally and didnt occur with time but was there from the build.
Other things wouldnt have been on the snag because they only became apparent after we moved in.
Unlevel floors which weren't noticed until wooden floors were put down.
Draughts coming from plug sockets and behind skirting boards and under window sills.
Ceilings and walls looked perfect when we moved in but now there are cracks and screw heads appearing out of nowhere!
etc etc etc
It might seem like I'm nit-picking but after shelling out a hell of a lot of money for what was supposed to be our dream home I would've expected a longer life expectancy of it and its contents before having to get so many things repaired!

sml

I sold goods to a builder just about one year ago and he still owes me €7.5k for them. Sick to the back teeth of ringing and emailing him - he just fobbing me off...... Before the job he had just split with his wife and had a lovely new apartment in Clontarf and a gorgeous girlfriend. Then when payment time came...You wouldnt believe the lies! - all of a sudden it was that his wife had left him and took the kids (and he was broken hearted), then his girlfriend dumped him, several times he has the flu, then he was in hospital, then his elderly parents were sick, now aparantly he has cancer, I cant believe a word that comes out of his mouth!!!!

Does anyone PLEASE know is there a regulator on Irish Builders? Is it possible to expose this guy and shame him into paying?

wonder_woman

Hi SML,
I contacted the National Consumer Agency about my problem and this is the reply I got. It might be of smoe use to you:

Thank you for contacting the National Consumer Agency (NCA) with your query regarding issues you are having with your house.

In general houses are not covered by consumer law as they are seen as an investment, this does not however restrict you from seeking redress from the builder in question. If you are unable to avail of any process with the Construction Industry Federation (CIF) you may need to seek legal advice on the matter.

The Construction Industry Federation is the trade organisation of people involved in the construction industry. Consumers may complain here about a builder who is a member of the federation.

Dublin Office

Construction House

Canal Road

Dublin 6

Tel: 01 406 6000

Fax: 01 496 6953


Southern Region
Construction House

4 Eastgate Avenue

Little Island, Cork

Tel: 021 435 1410

Fax: 021 435 1416
Western/Midland Region

Construction House

8 Montpellier Terrace

The Crescent, Galway

Tel: 091 502 680

Fax: 091 584 575

Johnny Utah

No legal advice. Thread reported.