Roofer did shoddy work and has now filed court claim against me

[Mike_hawk]

Yep, serve copies of any evidence you wish to rely on

[f16]

Kinger

 

"Reasons for application to Court"

Point 4: Change to.

 

The Claimant is stating that the cause of the leak is water ingress on my first floor flat roof.........

[f16]

Yep, serve copies of any evidence you wish to rely on

 

Kinger,

I would do this sooner rather than later. ......."Make him sweat". ...

He's the size of the "Honey Monster" in your mind at the moment.

Pop him in the "sauna" for a few weeks....

 

The mans gonna come out looking like "Twiggy", with a blokes face.

Trust me

[Kinger122]

Kinger,

I would do this sooner rather than later. ......."Make him sweat". ...

He's the size of the "Honey Monster" in your mind at the moment.

Pop him in the "sauna" for a few weeks....

 

The mans gonna come out looking like "Twiggy", with a blokes face.

Trust me

 

 

 

Hahaha I love all your analogies

[Kinger122]

I received the report from the Velux technician.

 

 

" Report:

Inspected 1x GGU M06 0073G21U installed at a 13˚ pitch in a roof with an 11˚ pitch with suspect grinding noise when the window is in operation. I opened the window and found this to be correct, when I inspected further I found dust and grit in the centre pivot hinge causing the grinding noise. I have cleaned the dust and grit out of the hinges and added grease, the window now works with the correct noise levels.

As the windows are installed at a 13˚ pitch this voids the windows guarantee as it is clearly stated in the VELUX installation instructions that the minimum pitch for a GGU VELUX window is 15˚ with an EDW flashing, as the instructions have not been followed for the minimum roof pitch this will lead to the windows leaking and must be remedied as soon as possible by the installer.

The Customer also has another 2x GGU M06 0059 windows installed and asked me to inspect these also, these are also installed at 13˚ and is incorrect and must be remedied as soon as possible. There is also grit and dust in these hinges which I have cleaned and added grease to give a smooth operation.

Under further inspection I noticed water marks on the internal ceiling finish in the corners of the VELUX windows and on the internal plaster finish of the wall away from the windows.

I then inspected the outside of the windows to see if the installation instructions have been followed, this is not the case and looks to be a poor installation of all 3 windows as a number of points have not been followed to VELUX instructions.

All 3 windows have the same faults on the outside due to instructions not being followed,

• All three windows need to be raised up to a minimum of 15˚ to come in line with VELUX installation instructions.
  

• Incorrect screws have been used to fix the cover parts in position, bracket screws used instead of cover part screws, the correct screw is grey to match the grey cover parts not silver which have been used and in some cases none VELUX screws which are black and should not have been used as VELUX supply all screws needed.
  
• Screws not fixed correctly in the part 4 cover parts leaving the cover parts loose and vulnerable to water ingress, which is occurring as seen on the internal plaster finish. (Remedy as soon as possible).
  
• The tiles at the sides of the windows have not been fixed to VELUX standards, as the tiles butt right up to the window frame when it is clearly stated in the instructions that a gap of 40mm to 60mm should be left between the window frame and the tile to allow for the drainage to work correctly and not be blocked by leaves and other debris. Due to the tiles butting up against the window frame this has damaged all of the part 4 cover parts which are scratched and dented. (Replace with new).
  
• The parts 3’s of the flashing have also been installed incorrectly as the foam has not been cut to the profile of the tile just folded over and blocking the drainage which also pushes the tiles up and looks unsightly. The drainage on the parts 3’s of the flashing has also been damaged due to the tiles being forced down on to the uncut foam. This needs to be remedied as soon as possible to stop water ingress. (Replace with new).
  
• The part 4 cover parts have clips at the bottom of the window which need to be attached on installation, this has not been done on 2 windows which will lead to water ingress and needs to be remedied as soon as possible.
  
• The part 4’s have folding tags at the top which need to fold through the top part of the flashing to hold down and keep secure, this has not been done and needs remedying as soon as possible.
  
• The rain sensor on the Integra window has not been fitted correctly leaving unsightly wires and is lifting the top casing of the cover parts and will lead to water ingress if not fixed as soon as possible (the rain sensor has been fixed upside down).
  
• 1 tile at the top right of the Integra window has been cut to short and has no coverage from the tile above which will lead to water ingress under the flashing.
  
• Some roofing flashing has been used to the top of the far right window which comes right out to the top of the window, this needs to be cut back away from the window to the same distance as the tile above the window.
  

Recommendation:

All the above faults need immediate attention by the installer to come in line with VELUX installation instructions, because as it stands the installation is very poor and voids Customer's Guarantee, please do not hesitate to contact VELUX for support and guidance on this matter."

[maddiemay]

Wow, I can't see how anyone can argue with that! Lets hope not anyway.

[honeybee13]

Pretty damning, isn't it?

 

HB

[caro]

That looks brilliant kinger!

[Guest]

ditto. surely they cant argue with that? their poor work voids the guarantee!

[f16]

Kinger,

 

Now you've "Trapped him". .... "Painted into a corner". .... Spot on sunshine; Good work.

Still got the insurance policy details and others as "Back up"

 

This will put a bigger smile on your face. ....

 

Youtube "The O'jays "Hooks in me"...... Think about your roofer !!!! ("Caught like a fish")

Regards F16 :-D

[Kinger122]

Thank you all for the support. Ill be sending off the N244 form on Monday with the changes and keep you updated.

[Kinger122]

Another update:

 

 

Due to computer technical issues and commitments today I was unable to submit the documents. I will however do this on the 3rd June. The roof leaked today and where the Velux engineer identified badly installed flashing (as F16 identified earlier), after some heavy rain today I have significant water leakage down the wall as well as in the roof.

 

 

Shall I keep a detailed log of leaks from now on? Would I be able to claim compensation for any materials damaged/requiring replacement, or is it not worth the hassle? Am I just aiming to have his claim dismissed and put the rest down to experience?

 

 

Would it also be a good ideal to email the roofer or shall I let sleeping dogs lie so to speak? I am wary about undermining my own case for an expert witness if I give too much information.

 

 

Thanks for all your continued support

[f16]

Would it also be a good ideal to email the roofer or shall I let sleeping dogs lie so to speak? I am wary about undermining my own case for an expert witness if I give too much information.

 

Kinger

Paragraph 2: Yes keep a log

"Compensation" ?? I can't see why not.

"Claim dismissed...... Down to experience?" Sounds like your firing on 5 out of 12 cylinders. Chin up mate.

Paragraph 3: IMO. "Hear nothing, See nothing, Say nothing"

 

See what the "Legal Crew" advise

[f16]

Kinger

 

Very heavy rain today

[f16]

Massive Storm in the early hours of Saturday.

Let us know how it goes.

[Kinger122]

Massive Storm in the early hours of Saturday.

Let us know how it goes.

 

 

 

It has began to rain now. I have also received specimen policy documents eventually. These two paragraphs seem particularly important, but they may be open to interpretation

 

 

 

"As part of the claims process, the Insurer will expect the Policy Holder to supply a copy of a contract, invoice or specification of work evidencing the Insured Works. Should the Policy Holder be unable to supply such evidence, the Insurer may decline the claim.

 

 

 

The Policy specifically excludes any loss, damage or cost in respect of any damage to any material where the manufacturer’s guarantee in respect of that specific material has expired."

Is an expired warranty and a void warranty the same thing? I am not sure if it is. Check your PM F16, I have been trying to get in touch

[f16]

It has began to rain now. I have also received specimen policy documents eventually. These two paragraphs seem particularly important, but they may be open to interpretation

 

 

 

"As part of the claims process, the Insurer will expect the Policy Holder to supply a copy of a contract, invoice or specification of work evidencing the Insured Works. Should the Policy Holder be unable to supply such evidence, the Insurer may decline the claim.

 

 

 

The Policy specifically excludes any loss, damage or cost in respect of any damage to any material where the manufacturer’s guarantee in respect of that specific material has expired.

 

There you go. .....

NO insurance cover...... Because the "Contract" states 15 degrees and you've got 13 degrees.

 

Email them back and thank them and ask about materials to manufactures spec.

[f16]

 

Just had another thought Kinger :

 

Are they suggesting that if the roof leaked in say 24 months time and damaged your kitchen units, wood flooring, etc.

They will not "Cover" because the 12 month manufactures guarantee has expired ????

[Kinger122]

Another update. The N244 was sent a few days ago. Sorry if I didn't make that clear. Here are the insurance backed guarantee policy exclusions. This was what I obtained by myself to give me an idea of what is likely to be included if the roofer was to produce a warranty. Can anyone comment on the validity of these terms applied to my roof? Here are the exclusions:

Policy Exclusions

 

 

The Insurer shall not be liable for:

1 any loss or damage where the Policy Holder is unable to supply a copy of a contract, invoice or specification of work evidencing the Insured Works;

2 any loss or damage where the Contractor has not Ceased Trading;

3 any loss incurred by the Policy Holder which is above the Limit of Indemnity of this Policy;

4 the first £50 of each and every claim under this policy, which shall be known as the Excess;

5 any loss or damage to any material where the manufacturer’s guarantee in respect of that specific material has expired;

6 any loss or damage or costs incurred that do not relate specifically to the physical rectification of a Defect or a Major Defect in the Insured Works;

7 any loss or damage to the Policy Holder’s property caused by the Contractor which do not form part of the Insured Works;

8 the cost of routine maintenance, overhaul or modifications to the Insured Works or loss or damage arising therefrom;

9 any loss or damage to the Insured Works caused by any peril capable of being insured under a commercial property, household or similar policy of insurance, including but not limited to fire, lightning, explosion, storm, tempest, flood, malicious damage, accidental damage, subsidence, landslip or heave, whether or not such insurance is effective or in force at the time;

10 any loss incurred by the Policy Holder for which compensation or recourse is provided by legislation, particularly where the Policy Holder has made payment to the Contractor via a credit card or finance agreement, and has rights under the Consumer Credit Act 1974;

11 any loss of use or any other costs that are directly or indirectly caused by the event which led to a claim, unless specifically stated in this Policy;

12 any damage to the Insured Works caused by war risks, sonic booms or nuclear radiations;

13 any loss or damage caused by fair wear and tear or the discolouration of the Insured Works;

14 any loss or damage which is due to a neglect in the maintenance of the Insured Works;

15 the rectification of the defective design of the Insured Works;

16 any remedial work which may be the subject of a claim under this Policy undertaken to the Insured Works without the consent of the Insurer;

17 any Defect discovered or reported to the Contractor more than 6 months before the Contractor Ceased Trading.

[Kinger122]

I have received insurance backed guarantee policy documents from the roofer regarding the insurance backed guarantee yesterda. This is AFTER they have applied to the court for me not complying with the order. Here are the documents

 

http://tinypic.com/r/28lz0vp/8

http://tinypic.com/r/2j49bna/8

http://tinypic.com/r/1fcn86/8

http://tinypic.com/r/23r6f5e/8

The policy schedule states a price WITHOUT VAT yet further down the policy it states the contract must be inclusive of VAT. Also as I previously mentioned the exclusions state that they will not insure items which have an expired guarantee with the manufacturer. Is expiry synonymous with void with regards to insurance policies/legal documents?

Thanks

[f16]

Kinger

 

Re your post # 569:

Point 17 kills this insurance "Stone Dead".

 

Pitch error was reported to the roofer prior to the insurance.

[f16]

Kinger ,

Find the envelope the insurance doc. arrived in. ..... You might need it for "proof".

 

You said to me. "Think like the roofer". ... I 'am.

This is a "Late" attempt to try and "comply" with the Court Order.

 

The "answer" is in front of you.... Your reading it, "The Policy" !!!

 

Never mind "Drive a bus through it".

You could "360 a Sherman Tank". .... There is NO cover.

Lets see what the "Legal Crew" say.

[Mike_hawk]

Let's see what the court directs, if it acknowledges the other sides filing and allocates a hearing the app can be heard at the same time. If it dismisses the other sides filing as conjecture it will direct Kinger to file an additional hearing fee.

[f16]

Thank you for the input Mike... I know Kinger values your comments too

 

At the moment the roofer has provided an insurance cert (That is "worthless" on at least 3 points)

After filing to go back to Court !!!!!

 

Why would he do that ?

Surely he should have got the insurance cert first. Then asked Kinger for "payment" before going back to Court !!!

 

We a a little bit "Confused" and wonder what this Clown is trying to achieve.

[Mike_hawk]

Its just games, it wants paying and by writing to the court hopes to apply pressure on Kinger. Assuming its granted a hearing it will insist the guarantee has been provided and Kinger persists in non payment contrary to the order. Personally, I'd sit tight and wait on the courts direction, there's an app pending a decision and I'd be loathe to part with a penny until the papers are read.