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compensation off builder for recurring problem

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neddyw | 19:24 Sat 10th Mar 2012 | Law
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We bought a new build property in 2007. We have had 3major leaks since then caused by defective joints in the plumbing. The first time was in 2010 so the builders put everything right (reluctantly). The second time the damage was restricted to one room which we were planning on decorating so we sorted it ourselves. This time the damage is to ceilings, walls and floors to the landing, hall, wc, kitchen and living room. I'm totally fed up. We can claim on the insurance but can we claim compensation from the builders for poor workmanship?
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One way or another you are probably going to end up dealing with an Insurance company if you try to take action against your builder. You should have been provided with new building insurance in 2007 with NHBC or similar, builders often call this snagging and most new builds have a number of faults. I can understand your frustration and reluctance to deal with your builder to repair these defects but I would suggest this should be the course of action that should be taken.
Although I must agree with all that Tony has said, NHBC etc tend to cover this sort of eventuality for the first couple of years.
You really need legal advice. Recourse under, say, "Sale of Goods Act", "Merchantable Quality", "Duty of Care" etc........... would seem the way to go.

From a practical angle .........
what were the leaks?
Copper or plastic pipework?
Heating or hot water system affected?
Question Author
Thanks for responding. We got nhbc guarentee but repairs like this only coveted in first 3 years. Remaining 7years are for more structural problems. The 3 leaks we have had have been on the cold water feed to the toilet cisterns. All the pipework is plastic.
Ned, I do prefer plastic over copper, but only because I'm very familiar with it. There are two areas where problems can arise. One is where the metal inserts are left out of forgotten (they go in the end of the pipe to stop it collapsing when it's pushed into a fitting) .................... the other is where the pipe is not pushed fully home into the fitting.
There's no excuse for either of them. The system is well proven.

It's a simple job to have all visible joints/pipework inspected and fixed. For the rest, you might consider having the systems pressure tested to see if anything else is going to blow.

Do take initial legal advice. Be prepared for a long haul though. Builders who shirk this kind of responsibility will give you a hard time. To be honest, I would count my losses and have nothing to do with them, but do check for any legal recourse.
Good luck.
Question Author
Many thanks. last time it went the plumber said that the washer in the joint had not been put in correctly and it had kinked??? I'm afraid there is very little visible pipework. We had to smash the back out of the airing cupboard -again, to get to the cisterns as its one of them built in ones. We got legal cover on house insurance so might just see how far our £25 excess will get us.

Thanks again.

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