Mysterious leak, builders don't know, single joint expert?

[mars3424234]

I hired a builder about 7 years ago to build an extension, shortly after this date the roof began to leak and I took the builder to Court and won the price to fix the gaps in the exterior flat felt roofing causing the leak. (gaps in the felt allowed rainwater to enter into building)

 

Years later, there is a mysterious latent roof leak/drip with visible damp marks, many builders have come to quote and could not find the issue. One builder stated they could attempt to find the issue by opening up the ceiling, causing damage, but there is no guarantee.

 

I am almost certain that this is a condensation leak as the leakage occurs only when it is warm inside and cold outside. This has caused significant damp marks and the roof to sink in when stood on so I believe the roof wood is all rotten due to condensation/damp.

 

Strangely one builder commented that the roof had soffit vents all around so it shouldn't be condensation. I believe the roof has been built in a way not to allow air to circulate and is fundamentally defective (even with air vents the build of the roof prevents air circulation) therefore the whole roof should be rebuilt properly, especially as roof is all rotten internally effecting the structural stability.

 

Am I right in suing the builder for the full price to replace the roof, and applying for a impartial, single joint expert so I can get permission to incur the costs, damages, and find the fault? I plan to mention the above in my Claim - that the fault is unknown and want expert to find this.

 

The flooring is gradually falling apart as well. I am relying on the Latent Damage Act to bring the claim as limitation period has passed. (and Henderson v Henderson to bring a second claim as these two latent defects did not exist when I previously sued)

 

Thanks everyone

[BankFodder]

The latent damage act is certainly the way to go. Have you told the builder that you are proposing to do this? Have you had an independent expert assess the problem for you so that you have some evidential basis for proceeding?

[mars3424234]

Thank you BankFodder for your help

 

I think I may have left it a bit late as the leak began around 2 years ago. Although I don't think this would effect the cost of repairs as my belief is the roof was built in a way which prevents air circulation - it would have to be replaced in any case.

 

No I haven't told the builder anything about this. I haven't had any inspection, isn't requesting a SJE better as if I get an inspector I may not be able to recover fees and builder could argue inspector was acting in my interest as I was directly paying him. What would happen if I just sent my claims to Court and requested an SJE to back me up?

 

 

[BankFodder]

I would have thought that the prudent thing to do would be to carry out your own research, establish your case so that you are confident about what you're going to do – and then begin your attack on the builder.

This means that you should carry out your own independent assessment. If the independent assessment confirms your suspicions you can then approach the builder and disclosure independent assessment and give the builder an opportunity to carry out their own independent assessment.

If the builder declines to carry out their own independent assessment and that itself is significant and you will then be in a better position to understand what action you should take.

Apart from anything else, if you are going to begin a claim then you need to know how much you are claiming for. In order to do this you will need at least one independent assessment which identifies the problems, solutions – and gives you an estimate for the remedial work

[mars3424234]

Thanks again BF

 

I am suing for the quote/price to redo the entire roof based on my suspicion that roof is built in a way which prevents air circulation - condensation resulting from this has caused a leakage, cosmetic stains and the entire roof wood is rotten which is evident when the roof is stood on as the roof sinks under my weight.

 

I see it as a gamble either way, either I can get a damp surveyor for £300 which offer no guarantees to find the issue and only provide their speculations. Then I would have to get another damp surveyor and keep gambling.

 

Last time a surveyor gave me an incorrect survey for a different issue, took him to Court and he only said it was a "visual" survey. This means they have legal immunity and no guarantee.

 

I think the worst case scenario if I sue the builder based on my suspicions is that a SJE will be appointed and their findings will say my suspicions are incorrect. I doubt a Judge will strike out my claim because I have only provided my suspicions without backing this with an assessment?

 

If the Judge asks me why I didn't get an assessment, I'll tell him damp surveyors offer no guarantee to find issue for £300. 

 

It is so stressful for me to choose between the two approaches on bringing the claim, but I think the worst option is to go with surveyors which offer no guarantees.

 

 

[BankFodder]

Okay well keep us updated as to how it goes.

If you have any questions then of course ask them here

[AndyOrch]

Topic open

[mars3424234]

I have sued the builder for the costs of the replacement roof.

 

One of the issues was that there was cracks on the floor tiling the builder made. At first I thought it was a defect with the build but later on changed my mind thinking it was due to heavy objects dropping on the tiles etc.

 

However it's clear the tiled flooring has an issue with it as they are now all cracking and making strange noises when stepped on.

 

I sued the builder to replace the roof for £9500 to keep this out of small claims. What is the procedure to increase my claim amount to add the replacement cost of the defective flooring?

 

Furthermore, since then, another latent defect has appeared. All the lights downstairs do not work, because the downstairs fuse box electric switch trips every time it is switched on. An electrician visited and said that all the wires the builder made were illegal and a massive fire hazard, and he suspects it is causing my downstairs to trip. So I have yet another Claim against the builder for the costs to replace the electric wiring he made.

 

For the electric wiring claim, am I able to make an entirely new claim against the builder? Or would I be required to make an application to amend? What is the procedure for this, as I have never made an application before?

 

Thank you
 

[AndyOrch]

I would issue an additional claim so to try to keep it in the SCT...floor tiles you may have difficulty laying blame if they are still cracking so not really connected to the builder/roofing....but the wiring a must. 

 

Have a read of CPR 20.7

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part20

 

 

[mars3424234]

Thank you very much Andyorch.

 

This same builder actually built my entire extension, including roof, tiled flooring and the wiring

 

I've had a read through CPR 20.7 which seems to only apply to claims or counterclaims made by the Defendant? As a Claimant would I need to apply for permission from the Court to make a new claim about the wiring and flooring?

 

I currently have an ongoing Court claim against the builder regarding the defective roof for £9500, so I thought that the Court would expect me to merge all my claims into one, regardless of whether the wiring & floor issue was realized after my original claim for the roof began.

 

I intend to therefore serve a new letter of claim to the builder for the latent wiring defect & replacing the defective tiled flooring. (As I have realized these defects only after I began the roof claim)

 

Does the above sound like the correct approach?

 

The Defendant made a Counterclaim against me several months ago.

Do I have to file a Defence to this? 

Edited March 4, 2023 by mars3424234

[AndyOrch]

See 17.1

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part17

 

[mars3424234]

I mean should I just make a new claim for the wiring & flooring, or an amendment of my current claim?

[AndyOrch]

I would make a seperate claim as already advised unless all the works were covered by the same contract

[mars3424234]

Am I required to file a Defence to his counterclaim?

 

Something odd happened. I got a letter from the Court which states they are considering transferring my current claim, with my old 7 year claim, to another Court.

 

7 years ago a judgement was made in my favor against the Defendant, and he paid it in full.

 

Now in response to my new claim, he has written in his defense he could not attend court 7 years ago due to his personal circumstances.

 

The defendant made a counterclaim against me, claiming for the full amount of money that he already paid me 7 years ago, which was made as a settlement for the judgement I obtained against him 7 years ago.

 

Hopefully the Court isn't saying they are planning to set aside my 7 year old judgement which he already paid in full. I am going to file a reply to his counterclaim to make sure the Court is aware what is going on.

Edited March 6, 2023 by mars3424234

[AndyOrch]

Yes, you must submit a response to a counterclaim.

 

If your judgment was 7 years ago then it's very unlikely or at all it could be set a side...