| Roofing repairs - warranty etc., 13:39 - Nov 3 with 1640 views | Zx1988 |
Some advice, please, if I may?
Our 9-year-old GRP flat roof over our porch has started leaking in recent weeks and, thankfully, is still just within the 10-year warranty provided by the original installer.
We've had the installers out three times now, to no avail, and their position now is that wherever the leak is coming from is not within the area covered by the warranty (roof covering/structure, and surrounding roof up to the level of the first batten). They also maintain that the ponding that the roof is exhibiting is not a defect (as a surveyor, I would beg to differ...).
We've had a roofing contractor out this week, who has identified the issue as being a defective area of finishing to the GRP covering, exacerbated by the ponding to the roof structure. i.e. all issues sit firmly within the area covered by the warranty.
I'm just after a little advice, please, as to how best to protect my position going forward. Essentially I want the roof repaired, and to be able to reclaim my costs from the original company if they still refuse to do the job.
I've written to them this afternoon, outlining the findings of the independent contractor, and giving them 24 hours to accept ownership of the issue, after which I shall reserve the right to have the repairs undertaken at my own expense and then recover the monies from them.
Should this be enough to protect my position if they refuse to act, and I am forced to have the repairs done myself? In an ideal world, I'd like to be able to say "you've had two chances, I don't trust you at all any more, so I'm not allowing you to undertake the repairs", but I assume that's probably not a workable scenario if I want to be able to recover my costs?
Any thoughts gratefully received! |  |
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| Roofing repairs - warranty etc., on 13:52 - Nov 3 with 1586 views | itfcjoe |
To be blunt, getting an 'independent contractor' to say it is their responsibility isn't going to hold any weight when trying to reclaim monies.
Who backs the warranty for the original installer, is it an industry body or just them - if them and they say it's not defective you are very unlikely to get anywhere |  |
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| Roofing repairs - warranty etc., on 15:14 - Nov 3 with 1491 views | WeWereZombies |
| Roofing repairs - warranty etc., on 13:52 - Nov 3 by itfcjoe |
To be blunt, getting an 'independent contractor' to say it is their responsibility isn't going to hold any weight when trying to reclaim monies.
Who backs the warranty for the original installer, is it an industry body or just them - if them and they say it's not defective you are very unlikely to get anywhere |
You make it sound like warranties are not worth the paper they are written on. |  |
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| Roofing repairs - warranty etc., on 15:48 - Nov 3 with 1460 views | itfcjoe |
| Roofing repairs - warranty etc., on 15:14 - Nov 3 by WeWereZombies |
You make it sound like warranties are not worth the paper they are written on. |
Well warranties are usually backed by a product manufacturer or industry body - if not satisfied with the response from the original installer you should be able to go above them to another body that they are a paid up member of for further enquiries or a view from them | |
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| Roofing repairs - warranty etc., on 16:09 - Nov 3 with 1417 views | GeoffSentence |
I had a similar issue a few years back.
In the end I got another contractor to look at it and identify the problem and took the original contractor to small claims court to get my money back. |  |
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| Roofing repairs - warranty etc., on 16:58 - Nov 3 with 1313 views | BlueStreak |
Ask them to put their PL insurers on notice and to provide you with their insurance details.
Then put a third party property damage claim in explaining their negligence and let the insurers investigate accordingly. |  | | |
| Roofing repairs - warranty etc., on 17:12 - Nov 3 with 1286 views | fabian_illness |
Are you sure the warranty is with the installers and not a product warranty?
Not many installers provide long warranties, unless it's part of a trade organisation scheme or an insurance backed guarantee.
Manufacturers on the other hand, love a long warranty, then wriggle like **** when you approach them. |  | | |
| Roofing repairs - warranty etc., on 20:40 - Nov 3 with 1151 views | farkenhell |
To be honest, the warranty is a bit of a red herring here.
The installer supplied and installed the roof to you, a consumer. The Supply of Goods and Services Act (can't remember the year) therefore places an implied obligation (in the contract) on the installer to carry out that work with reasonable care and skill, and to leave you with an overall job of a satisfactory quality, both at the outset and for a reasonable time thereafter. The fact that the roof has started to leak is clear evidence that the job has not been carried out satisfactorily. The only issue here is one of time - is it reasonable for you to expect the roof to last at least 9 years without leaking? I say yes - evidenced by the fact that someone (the manufacturer or the installer) was prepared to guarantee the roof (or at least the materials) for 10 years.
You have given the installer two opportunities to put it right and they have, essentially, washed their hands of the problem. You seem to have supporting evidence from the roofing contractor that the works were defective (and which has ultimately caused the leak).
You have given the installer a final opportunity to accept liability. If, as I suspect, you won't hear anything further from them, then get two quotes to carry out the remedial works as recommended by the roofing contractor. Send these to the installer with a demand for payment in 7 days or you will sue. If necessary, start county court proceedings (google "form N1") and if these are defended, then the matter will be dealt with under the court's small claims procedure. Unfortunately prepare yourself for what might be a ridiculous delay before the matter is heard by a district judge. Although I anticipate that the installer will cave in and pay up before that.
Good luck with it! | | | |
| Roofing repairs - warranty etc., on 23:16 - Nov 3 with 1037 views | Pinewoodblue |
| Roofing repairs - warranty etc., on 20:40 - Nov 3 by farkenhell |
To be honest, the warranty is a bit of a red herring here.
The installer supplied and installed the roof to you, a consumer. The Supply of Goods and Services Act (can't remember the year) therefore places an implied obligation (in the contract) on the installer to carry out that work with reasonable care and skill, and to leave you with an overall job of a satisfactory quality, both at the outset and for a reasonable time thereafter. The fact that the roof has started to leak is clear evidence that the job has not been carried out satisfactorily. The only issue here is one of time - is it reasonable for you to expect the roof to last at least 9 years without leaking? I say yes - evidenced by the fact that someone (the manufacturer or the installer) was prepared to guarantee the roof (or at least the materials) for 10 years.
You have given the installer two opportunities to put it right and they have, essentially, washed their hands of the problem. You seem to have supporting evidence from the roofing contractor that the works were defective (and which has ultimately caused the leak).
You have given the installer a final opportunity to accept liability. If, as I suspect, you won't hear anything further from them, then get two quotes to carry out the remedial works as recommended by the roofing contractor. Send these to the installer with a demand for payment in 7 days or you will sue. If necessary, start county court proceedings (google "form N1") and if these are defended, then the matter will be dealt with under the court's small claims procedure. Unfortunately prepare yourself for what might be a ridiculous delay before the matter is heard by a district judge. Although I anticipate that the installer will cave in and pay up before that.
Good luck with it! |
It isn't reasonable to expect them to pay within 7 days on an estimate.
Ask the cheapest estimator to provide you with a pro-forma invoice, then offer an option to te installer either carry out the repairs themselves:, or for them to instruct your approved repairer to undertake the work, or finally to pay up front estimated repair costs excluding VAT with that to be paid on production of a receipted final invoice.
Make it clear that if you do not hear within 7 days you will proceed with repairs, send them a copy of the receipted invoice and if payment not forthcoming within a further 7 days take appropriate action through the County Court..
As Joe has suggested first check your paperwork and make sure it is the contractor who has issued the 7 year warranty and not an insurer or trade organization. |  |
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