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In November 2015 I had the roof of terraced flat repaired/replaced (20 year guarantee on both labour and materials - ha ha!). The work involved repairing/replacing rotten timber and strengthening the roof where it was no longer supported by an internal wall (removed by previous owner). The contractor mentioned Building Control and consulting a Structural Engineer but when I contacted Building Control they knew nothing of the job. The roof is very poorly done, there have been a number of leaks and the structural work is badly done. The contractor has been back numerous times to correct many things but the whole job is so bad the roof will probably have to be stripped and redone. Re-doing the roof was part of a refurbishment project that should have been completed a year ago; it is still unoccupied so consequential rent and council tax losses are mounting up. The original bodge-job cost £9.5K; I have been quoted £15 by a reputable company to put it right (not satisfying all of the Building Control requirements) so any claim would be over the £10K Small Claims limit.

The current situation:

 

  • Building Control are waiting for Structural Engineer's calculations from the contactor (contractor has had site meetings with both).
  • The contractor has not replied to my emails/made contact with me since
  • The contractor's solicitor has not replied to my emails, not even to confirm if he is taking instructions from/acting from him.
  • The manufacturer of the roofing membrane (warranty) has not replied either

All the usual letters have been exchanged (reasonable skill and care, CAB/Trading Standards Pre-action Protocol) but there is a stalemate. I cannot afford to spend over £15K to get the roof re-done, even if I did the contractor's solicitor has objected to any work being done by a third party making it more difficult to recover the money. A Fast-Track court case would take about a year and be very expensive - then the contractor would probably not pay-up or settle out of court after I had spent a fortune on legal fees. Every month I lose over £500.

I got a solicitor to write a letter back in July, that cost me about £600 and he basically said I had already done what was necessary letter of claim wise.

 

Any ideas please.

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you may have to take a pragmatic approach and get the report about what is wrong and the fact that it has to be redone and sue for the amount you actually paid to keep it under £10k just to speed things up. As for contractors solicitor objecting, well as long as you have the report that doesnt make their squealing worth anything.

Fast track no more expnsive than small claims procedure apart from having to pay ut their costs if you lose. Tick multitrack on form and you may well get a directions hearing that the builder has to attend or risk summary judgement.

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