House extension issues

corajen

Hi,
I got a builder to install an extension to my home its in place now for the past 10 years. I had issues over this time with the Velux windows that were installed. Replacing seals and general leaks associated with these windows. The roof is a Cement fiber slate and over the last two years the slate are getting pitted and lost their colour and become very brittle. Now I had a engineer look at the roof and he stated that the pitch of the roof is to shallow and he question the Velux windows as not being appropriate for the application.
Now I had the pitch of the roof measured and find that's its 11.5 degrees and the windows are installed at this level as well.
a tilling company stated that the slates used had a minimum pitch of 15 degrees and Velux state the Windows I have in place have a minimum pitch of 20 degrees. The building contractor in question stated that he could not have installed the roof at any other pitch because he was hampered by the upstairs window. Now he never told me at the time I was going to get a roof below the minimum requirements. Nor that the windows he installed would be installed below manufactures guidelines. I know that you can get Slates and windows that can be installed for lower pitched roofs.
My question is do I have any rights that would allow me to have these errors rectified by the builder who installed this at the time or is there a set time to when you can claim against a contractor.

nuac

Mod
Consult a solicitor. Will leave open for general discussion subject to forum rule on legal advice
Title amended for clarity

Samuel T. Cogley

Simple contract is a six year limit, not sure if there are any exceptions you could avail of. The good news is I'm normally wrong.

kingbhome

corajen wrote: »

Hi,
I got a builder to install an extension to my home its in place now for the past 10 years. I had issues over this time with the Velux windows that were installed. Replacing seals and general leaks associated with these windows. The roof is a Cement fiber slate and over the last two years the slate are getting pitted and lost their colour and become very brittle. Now I had a engineer look at the roof and he stated that the pitch of the roof is to shallow and he question the Velux windows as not being appropriate for the application.
Now I had the pitch of the roof measured and find that's its 11.5 degrees and the windows are installed at this level as well.
a tilling company stated that the slates used had a minimum pitch of 15 degrees and Velux state the Windows I have in place have a minimum pitch of 20 degrees. The building contractor in question stated that he could not have installed the roof at any other pitch because he was hampered by the upstairs window. Now he never told me at the time I was going to get a roof below the minimum requirements. Nor that the windows he installed would be installed below manufactures guidelines. I know that you can get Slates and windows that can be installed for lower pitched roofs.
My question is do I have any rights that would allow me to have these errors rectified by the builder who installed this at the time or is there a set time to when you can claim against a contractor.

I think it should have been picked up within a few years. Even cars worth 80k only have a few years contact. Houses are no different.

kingbhome

corajen wrote: »

Hi,
I got a builder to install an extension to my home its in place now for the past 10 years. I had issues over this time with the Velux windows that were installed. Replacing seals and general leaks associated with these windows. The roof is a Cement fiber slate and over the last two years the slate are getting pitted and lost their colour and become very brittle. Now I had a engineer look at the roof and he stated that the pitch of the roof is to shallow and he question the Velux windows as not being appropriate for the application.
Now I had the pitch of the roof measured and find that's its 11.5 degrees and the windows are installed at this level as well.
a tilling company stated that the slates used had a minimum pitch of 15 degrees and Velux state the Windows I have in place have a minimum pitch of 20 degrees. The building contractor in question stated that he could not have installed the roof at any other pitch because he was hampered by the upstairs window. Now he never told me at the time I was going to get a roof below the minimum requirements. Nor that the windows he installed would be installed below manufactures guidelines. I know that you can get Slates and windows that can be installed for lower pitched roofs.
My question is do I have any rights that would allow me to have these errors rectified by the builder who installed this at the time or is there a set time to when you can claim against a contractor.

I think it should have been picked up within a few years. Even cars worth 80k only have a few years contact. Houses are no different.

Victor

The most important things will be what the contract said. However, while standard forms of contract and the associated professional supervision are common with larger building works, smaller contracts often have less formal arrangements - but are still contracts.

If there was a standard form of contract, what does it say about patent (obvious) or latent (hidden) defects? Typically, patent defects need to be declared within 1-2 years, but latent defects have 6-12 years to be declared. Normally 6 years for a signed contract, 12 years for a contract under seal.

If there was no standard form of contract, then the contract will depend on what documents did exist. It may be that there was very little said and even less said about potential defects. At this point, the only expectation would be compliance with Building Regulations and technical standards.

Did you have an architect, engineer or other professional supervision of the works? If so, what do they have to say? Might you have a case against this person for poor professional performance?

If engaging a solicitor, get one familiar with construction contracts and is commercially astute.