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

[f16]

I have never noticed that either as I am never outside when it is raining. ill have a look the next time im outside.

 

Hot dry weekend. ....

I hope it rains soon because time is running out

 

I have had cases where in "light rain" the roof did not leak.

But in heavy rain the water flowed over the gutter due to blockage etc.

and it was then that the lower roof started leaking.

[Kinger122]

Hot dry weekend. ....

I hope it rains soon because time is running out

 

I have had cases where in "light rain" the roof did not leak.

But in heavy rain the water flowed over the gutter due to blockage etc.

and it was then that the lower roof started leaking.

 

 

 

Good news From what I can see. I've filled the bath numerous times and emptied it. I've removed the bath panels and sprayed water around the edges and no leaks. I've filled the basin and checked overflows and I have flushed the toilet and no leaks. As the weather has been so nice, Later in the afternoon I sprayed the hose on the roof and after a while the roof started leaking. So I think this clarifies the cause of the leak.

[Kinger122]

I received the following from the roofer.

Good Afternoon Mr xxxx

The roof provided by (roofer) is complete and the investigation by removing tiles proved there is no leakage from our workmanship. The insurance has been requested and I am waiting to hear back from them with the premium charges. I will again contact Building Control on Monday to see if they intend to inspect again. In the meantime I intend to fax all details of communication to the District Judge’s Office at County Court Monday 19th May 2014 to request a new hearing where I will also request the presence of (building inspector) and I intend to present to the DJ photographic evidence of the completed roof, the dry wood which was revealed once the tiles were stripped back and also your main roof which is in need of urgent repair to eradicate the current leak you are currently experiencing down into the side of your new extension.

I have no further wish to discourse with you the concern you have raised with regards to a leak to once again avoid payment. I will now leave it to the DJ to sum up his findings as to what has taken place since his Order and will be asking for Judgement forthwith.

[f16]

Kinger

"I'm not Legal"

Point is they have NOT complied with the Court Order.

Not one point of it.

 

They are stating they are going to contact Building Control on Monday to find out when it can be "signed off".

Then they are going to contact the Court on Monday as well.

 

They want payment before they have complied to the Court Order !!!!!

 

How the "Hell" does that work ?????

 

PS. Good news about the bathroom and the "Tests" !!!

[f16]

Are you sure this lot are "Playing with a full deck" ????

 

I can't see the Judge being a "Happy Bunny"

 

Still never mind, let 'em Crack on

 

Wait for Mikes / Site Team input.

[maddiemay]

Does anyone know the exact cause of the leak, and where it's coming from? If so why is it always referred to "as a leak" or "still leaking" might make things easier for judge if it's made clear it's undoubtably roofers work.

If it's still unsure, Kinger really needs to get some kind of surveyors report on the entire roof, old and new, in fact I would do that anyway, I would also get a solicitor for the hearing too.

 

It seems to me that Kinger is not being taken seriously, and roofer is taking control.

 

Give yourself a fighting chance Kinger, and spend a couple of thousand pounds now, or end up spending that plus more putting the work right.

[Kinger122]

Mike,

 

what is your take on the email i received from the roofer post 503? and the questions raised in 504?

 

I'm not sure what the best course of action is

 

thanks.

[Mike_hawk]

Ignore it and do what you intend to do.... It needs to comply with the order prior to settlement, its not entirely clear to me what it hopes to achieve by referring anything to the court prior to its compliance.

 

If it is daft enough to force the issue there's little option for you but to cross apply in the instruction of a sje.... Self defeating really.

[Kinger122]

Ignore it and do what you intend to do.... It needs to comply with the order prior to settlement, its not entirely clear to me what it hopes to achieve by referring anything to the court prior to its compliance.

 

If it is daft enough to force the issue there's little option for you but to cross apply in the instruction of a sje.... Self defeating really.

 

Thanks a lot mike Mike. Would we split the cost 50/50? And would the judge contact them directly or would one of us have to instruct the sje? Also who would find the sje?

[Mike_hawk]

Instructing party would usually underwrite cost but general rule is that each party is equally and severally liable... In essence the part 35 witness needs to be assured that its costs will be met whatever the outcome at trial.

 

The court can't advise but will have knowledge of a few experts, you could always Google local CPR 35 compliant experts in the field you require.

 

You'd need to apply to the court....and its not a forgone conclusion that relief would be granted. I think I may have mentioned it several times!

[f16]

 

You'd need to apply to the court....and its not a forgone conclusion that relief would be granted. I think I may have mentioned it several times!

 

Mike

Thank you again for your input on this matter.

 

If "relief" is not granted.

What would be the likely outcome ?? .... Because "roofer" has failed to comply with the Court Order.

[Mike_hawk]

I'd cross that bridge if/when it happens. If the roofer fails to comply [ergo, no settlement] I'm pretty sure he'd be asking the court to vary the order so that he can receive payment prior to issuing guarantee. I'm not sure the court would be prepared to dilute the remedy previously ordered without alternative checks in place.

[f16]

Ignore it and do what you intend to do.... It needs to comply with the order prior to settlement, its not entirely clear to me what it hopes to achieve by referring anything to the court prior to its compliance.

 

If it is daft enough to force the issue there's little option for you but to cross apply in the instruction of a sje.... Self defeating really.

 

Mike

Going on that information.

 

How would Kinger know if they have forced the issue ?

Would the Court offer Kinger the option of a sje after that ?

[Mike_hawk]

It should be on notice from the court, kinger would object and apply for instruction of expert.

[f16]

The Judge said that if the roofer failed to comply with the Judgement

That both "Parties" should apply back to Court.

 

Should Kinger do this now ?

[Mike_hawk]

I'm not sure that he's failed to comply as yet, there's no dates specified within the order so unless he refers it back to the DJ its open to interpretation of when building control should attend (its not a party so can't be forced) and when the guarantee must be presented. Delays just mean he won't be paid so there's no financial bias for kinger.

[Kinger122]

An update:

 

A document has been received from the roofer which shows their application to the judge to request another hearing. In the document is states

 

1. I am deliberately avoiding payment by refusing to accept that the leak is due to my own property and not their work. They have enclosed photographs of my flat roof with a small puddle on which allegedly proves this.

 

2.They are requesting the presence of the building inspector in the court hearing.

 

3.They have applied for an insurance backed warranty but have not received the documentation.

 

4.According to them the building inspector has informed them that new bubuilding regulations no longer require any signing off.

 

5. The document includes numerous photographs of my velux windows with the exposed flashing after the surrounding tiles have been removed. These black and white photos are supposed to show that the wood is "bone dry" and that there has never been any leaks. These photos actually show severe damage to the flashing in my view and the view of F16

[Mike_hawk]

It's entirely up to you how you approach this Kinger, either write to the court in the form of a witness statement expressing your concerns that it is demanding payment ahead of its compliance with the order or file a formal application for relief to instruct and act on the evidence of a single joint expert.

[Kinger122]

It's entirely up to you how you approach this Kinger, either write to the court in the form of a witness statement expressing your concerns that it is demanding payment ahead of its compliance with the order or file a formal application for relief to instruct and act on the evidence of a single joint expert.

 

 

 

Thanks Mike. I have applied to the court and written the following

 

 

Dear Judge xxxx,

I am writing to inform you that the Claimant has not adhered to the judgement you passed. The building inspector has informed me since your judgement that inspecting and ensuring the roof is correctly and competently installed is beyond the remit of building control. He has suggested obtaining a statutory inspection to evaluate the condition of the roof.

After the Claimant’s workers attended my property on 12/05/2014 the roof is still leaking and the claimant is stating that the leak is due to defects on my main house roof. I robustly deny that this is the case. I cannot see any other way to resolve this except by instructing a single joint expert witness to examine my property and provide a report for the court. I have conducted research and found xxxx from “xxxxxx Building Surveyors to be suitably qualified. He is the only Surveyor xxxxxx registered as an Expert Witness for xxxxxxx. I have attached his CV for your consideration. I request you vary the order to allow the instruction of a single joint expert.

If you grant permission for an expert witness, and the report shows that the roof is not fit for purpose, may I request you reconsider my counterclaim. I am attaching email correspondence between myself and the building inspector and the Claimant.

Yours sincerely,

[Mike_hawk]

I'd be prepared to also make formal application. Dj's can be arrogant ar**s at times

[Kinger122]

I'd be prepared to also make formal application. Dj's can be arrogant ar**s at times

 

 

 

I was under the impression that was a formal application. What else do I have to do?

[Kinger122]

I am also thinking of sending this to the roofer. Is this worthwhile?

 

 

Dear Roofer,

I have received your correspondence via post and I would like to suggest a remedy to the situation. As you are alleging that the cause of the leaking roof is due to defects on my main roof, may I suggest we jointly instruct an expert witness to produce a report.

Building control have informed me evaluating the workmanship of the roof is beyond their remit; they therefore are not qualified to conduct a thorough investigation or produce a report. I feel it would only be fair to contribute equally to the expert witness, and I am more than happy to pay for the full cost of the witness if I am found to be at fault. Likewise I expect "Roofing co" to do so if you are found to be the guilty party.

Kind regards

[Mike_hawk]

A formal application would be by way of CPR 23, filing of N244 [with the fee] and supporting witness evidence/statement.

[Mike_hawk]

I am also thinking of sending this to the roofer. Is this worthwhile?

 

 

Dear Roofer,

I have received your correspondence via post and I would like to suggest a remedy to the situation. As you are alleging that the cause of the leaking roof is due to defects on my main roof, may I suggest we jointly instruct an expert witness to produce a report.

Building control have informed me evaluating the workmanship of the roof is beyond their remit; they therefore are not qualified to conduct a thorough investigation or produce a report. I feel it would only be fair to contribute equally to the expert witness, and I am more than happy to pay for the full cost of the witness if I am found to be at fault. Likewise I expect "Roofing co" to do so if you are found to be the guilty party.

Kind regards

 

I think I'd be asking it why it is asking the court for relief to breach the order.

[Kinger122]

I think I'd be asking it why it is asking the court for relief to breach the order.

 

Thank you very much Mike. Once again your advice Is much appreciated.