Suing builder for second time, latent defect?

[Jasonands]

Several years ago I hired a builder to build an extension, shortly after construction leakages began, and I successfully sued for the costs of another builder to carry out repairs on the roof to make the roof watertight.


Afterwards, damp has begun to form on the roof. As this is a latent defect which was not known to me at the time, can I take this to court for a second time?

I have looked at case law online and I believe it is called "issue estoppel" and "Res Judicata" and that if by reasonable diligence I could not find any defects originally, I can take the same builder to court again when a new defect emerges?*

[pt2537]

Several years ago I hired a builder to build an extension, shortly after construction leakages began, and I successfully sued for the costs of another builder to carry out repairs on the roof to make the roof watertight.


Afterwards, damp has begun to form on the roof. As this is a latent defect which was not known to me at the time, can I take this to court for a second time?

I have looked at case law online and I believe it is called "issue estoppel" and "Res Judicata" and that if by reasonable diligence I could not find any defects originally, I can take the same builder to court again when a new defect emerges?

The point you are looking at is extremely complicated.

Res means that you cannot launch a second claim if the first claim decided the point one way or the other. The question really seems to be whether with reasonable diligence you could have identified this fault, and you have to bear in mind if you sued before, whether if you had an expert witness, whether that expert was negligent too

[Jasonands]

The point you are looking at is extremely complicated.
Res means that you cannot launch a second claim if the first claim decided the point one way or the other. The question really seems to be whether with reasonable diligence you could have identified this fault, and you have to bear in mind if you sued before, whether if you had an expert witness, whether that expert was negligent too

Thanks for the info

Does it seem like I meet the balance of probabilities standard, I take the same builder to Court and say that 3 builders quotes/inspections could not identify damp, they all pointed to the exterior of the roof, and the independent building inspector could not find any damp or issues with flooring. Would that not be considered reasonable diligence?

[Jasonands]

Ok ill send a letter of claim and update the thread as to what happens. Im pretty sure I was reasonably diligent*