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Builder won't honour guarantee. Can I fix and claim through small claims court?

  • 09-02-2011 12:20pm
    #1
    batman1
    Registered Users, Registered Users 2 Posts: 605 ✭✭✭


    I bought a house in 2002 which came with a 10 year structural guarantee (not homebond, but a guarantee from the builder himself). There have been a few issues with the roof of the house which he has repaired on 2 occasions. These issues have now returned (leaking roof) and although he says he will fix them under the guarantee, he never turns up. I am sick of ringing and calling as he has his secretary programmed to say he is not in, even though I know he is.

    Anyway, to fix the roof would probably cost me €500 - 600 myself.

    I spoke with the solicitor I used to purchase the house and he said that he must honour this guarantee as it was part and parcel of the sale of the house. He said if I dont get anywhere to let him know so I have that option available to me, but I fear that it would be such a drawn out process and costly it is not worth the hassle. At the same time I dont want to let the builder away with it either. (he is still going strong)

    My question is, could I have the repairs done by another contractor, pay him and then claim off the other builder under the small claims procedure?


Comments

  • #2
    Hogzy
    Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭Hogzy


    batman1 wrote: »
    I spoke with the solicitor I used to purchase the house and he said that he must honour this guarantee as it was part and parcel of the sale of the house. He said if I dont get anywhere to let him know so I have that option available to me, but I fear that it would be such a drawn out process and costly it is not worth the hassle. At the same time I dont want to let the builder away with it either. (he is still going strong)

    My question is, could I have the repairs done by another contractor, pay him and then claim off the other builder under the small claims procedure?


    Firstly you shouldnt be considering if the builder is going strong or not, who cares. He is contractually bound to honor his side of the agreement. I would advise getting your solicitor to send him a letter threatening legal action if he does not fix the roof and abide by his contractual obligations. if your builder has not fixed the roof after you have made multiple attempts to get him to do so you may have to get a third party to fix it and then sue the original builder for damages.
    This would be a very long process though.
    I would highly recommend getting your solicitor to send a threatening letter though.


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