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Could I use the small claims procedure for failure of a builder to honour a guarantee

  • 11-08-2011 9:48pm
    #1
    batman1
    Registered Users, Registered Users 2 Posts: 605 ✭✭✭


    I would like to know if using the small claims procedure is a route I can take in this instance as cashflow is tight at the moment.

    Basically, I bought a house several years ago that came with a 10 year guarantee against structural defects, not homebond, but a gurantee from the builder himself. (The builder is still going strong!)

    However, there are 2 roof leaks and poor quality fitting of velux windows which his foreman has acknowledged. A temporary repair was done last year and I have not seen him since, despite the fact he drives past my house each day.

    I have sent him a letter with pictures (but he knows it all already), but no reply. He is dodging calls etc. I got the solicitor whom I used for the purchase to send him a letter and still no response.

    The cost of repair would probably be in the region of 500 euro to get it done myself.

    I cant afford to employ a solicitor for what may be a long-winded affair so I was thinking of using the small claims court and reading into it it looks like it is ok to use it for this. The guarantee was signed by him and me so in theory he has to answer. It is now leaning toward the principle of it . I dont want him to get away with it if I can at all help it.

    Any experiences of this type of thing from anyone would be appreciated.
    quote.gif


Comments

  • #2
    jblack
    Registered Users, Registered Users 2 Posts: 476 ✭✭jblack


    Just seeing this now.

    Was the guarantee given before the works were undertaken or after? If after then it's probable that no consideration passed and the guarantee in unenforceable.

    Secondly the issues you mention are not structural.

    However notwithstanding the lack of specific info it may be possible that the builder is responsible for the defective repair but if you're not willing to go down the legal route then there's not much you can do.

    You could write to the builder giving him fair warning that unless he is willing to rectify the problem then you will engage a solicitor and that this letter will be used for costs against him. That will only cost you the price of a stamp and many hours of your life trying to word it correctly but at least that's free!


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