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Advise required please

  • 17-08-2015 3:26pm
    #1
    Registered Users, Registered Users 2 Posts: 14


    HELP Needed

    I can anyone please share they knowledge and thoughts on the following
    I had a house build 7 years ago 2 story it was done by a registered contractor at the time before we moved in we did notice some cracks on the upper floor near the roof, but believed it was settling cracks, but as time has went by we have now noticed the plaster is starting to fall off on the cracks and has become far noticeable the cracks are practically straight around the outer walls on the upper floor inside about a block down from the ceiling anyways we have been advised that it is an issue with the roof it has not been tied correctly causing wait on the wall plate so by question is do I have a come back on this by the contractor if I take this further or am I ad a lose? Is he responsible to fix this ? Thanks in advance


Comments

  • Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭Tefral


    Jimmy333 wrote: »
    HELP Needed

    I can anyone please share they knowledge and thoughts on the following
    I had a house build 7 years ago 2 story it was done by a registered contractor at the time before we moved in we did notice some cracks on the upper floor near the roof, but believed it was settling cracks, but as time has went by we have now noticed the plaster is starting to fall off on the cracks and has become far noticeable the cracks are practically straight around the outer walls on the upper floor inside about a block down from the ceiling anyways we have been advised that it is an issue with the roof it has not been tied correctly causing wait on the wall plate so by question is do I have a come back on this by the contractor if I take this further or am I ad a lose? Is he responsible to fix this ? Thanks in advance

    You already got your advice? What else do you need?

    Depending whether your construction contract was executed by Deed or Underhand, you may have a case for suing under "Latent" defects for 6 or 12 years.

    Your best off approaching a Chartered QS practice with your form of Contract. They will advise you further. You have house insurance so you may want to notify them. They might pay for the damage to be rectified and sue the builder on your behalf to recuperate the losses.

    You may have an issue if the house builder is gone out of business, in which case you would have to confront his insurance company, again only if the latent defects period hasn't elapsed, which brings you back to: was your contract executed by deed or underhand.

    Please see a Chartered Quantity Surveying practice for your advice as a Mod here has said we cant offer you any further advice because it isn't a legal forum and also they wont allow you post that their either as your not allow request legal advice.


  • Registered Users, Registered Users 2 Posts: 615 ✭✭✭Strolling Bones


    Jimmy333 wrote: »
    question is do I have a come back on this


    Possibly. But your case will depend on the nature of documentation you had before during and after the build i.e. drawings , specifications,contract and records made during and after the build.

    If you "saved" money on these aspects then you may "lose" it now.

    Next step - solicitor.

    Bring your cheque book.


  • Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,451 Mod ✭✭✭✭DOCARCH


    Mod Note: @Jimmy333 Do not start another thread, again, on the same subject. You have copied and pasted the same message in multiple forums/threads already today.


This discussion has been closed.
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