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builder defect liability

  • 24-08-2016 4:03pm
    #1
    Registered Users, Registered Users 2 Posts: 24


    Husband & I have completed tender process for new house extension ( extending our kitchen living area). The builder we plan on using completed an extension for our neighbours & has being involved in large scale projects. He has come in with a reasonable quote & can complete project in 6-8 weeks which is what we expected. Our architect had provisionally inserted a clause in draft contract stating that builder would effectively need to guarantee his work for ten years ( non accidental damages). Builder said he has never come across such a long period- one year is what he is prepared to guarantee ( as per his insurance company). Architect has advised against hiring the builder due to this. Can anyone advise? Any insight would be much appreciated, thanks


Comments

  • Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    Ask the architect how long his factory made car is guaranteed for???

    That's a stupid clause and completely unenforceable.

    Who's at fault if a product fails, the builder or the product manufacturer.
    What if the architect makes a sh1te of specifying a junction?? Is he in the clear??

    Let the client get defects liability insurance, as that's what it's there for.


  • Registered Users, Registered Users 2 Posts: 24 Meredith2016


    Thanks Sydthebeat- we felt it was a bit ott to be honest. Given its our first (& hopefully only) time to undertake a building project,it's all new to us & neither hubbie or I are in the trade to know what the 'norm' is with these contract types. Thanks


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


    Thanks Sydthebeat- we felt it was a bit ott to be honest. Given its our first (& hopefully only) time to undertake a building project,it's all new to us & neither hubbie or I are in the trade to know what the 'norm' is with these contract types. Thanks

    It's a nice/laudable idea, but, unfortunately not the norm.

    12 months defects liability period would be the norm.

    I would be surprised if any builder would sign up to what the architect is proposing?


  • Registered Users, Registered Users 2 Posts: 265 ✭✭Will23


    it may be a reference to the latents defects period?

    generally 6 years or 12 years if contract is sealed.


  • Registered Users, Registered Users 2 Posts: 24 Meredith2016


    Just re-reading the spec..builder required to repair any structural defects arising within 10 years, or repair any roof water infiltration arising in 5 yr period and any other defects arising in the 1 year period after the build is completed.
    Thank you for your advice..


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