Claiming LABC excess back from house builder

[Manetheren]

Hi all

We bought our new home direct from the housebuilder in 2012, which came with the usual 10 year LABC roof warranty. Last year we had issues with our roof and called out a few specialisist, who confirmed that the roof had not been properly built, and needed re-doing. Initial contacts with the housebuilder were dismissed or ignored, so we made a claim through LABC. The claim was approved following the assessment of the roofing specialist, and work carried out to remedy the fault.

This all came at the cost of having to pay the ~£1300 excess for the LABC claim. Given that the roof was incorrectly built in the first instance, this is more than just a fault developed with the roof over time and I believe liability lies with the housebuilder. The fault in question is they neglected to counter-baton the roof, which caused tiles to lift and water to ingress.

What would you recommend as first steps to try and recover these costs from the housebuilder?

[echat11]

Hi MANETHEREN

The courts expect you to do everything you can to resolve the matter with them as a last resort.

Is the housebuilder a member of any associations?

Do they have a ADR scheme where you can lodge a complaint?

I.E. https://www.fmb.org.uk/find-a-builde...esolution.html

I think you need to lodge a formal complaint with the housebuilder (they should have a process that you need to follow), explain what the issue is, why they are responsible for it and what you want them to do.

Only communicate in writing.

[Manetheren]

Hi ECAT, thanks for the reply.

I made contact with the housebuilder and lodged a formal written complaint. However they've quickly come back absolving themselves of any responsibility, and refusing to discuss it any further. Which having previously dealt with them on other matters, sadly doesn't surprise me.

I've checked and they're not members of the FMB, so unable to pursue that line. They are members of the Home Builders Federation, but am unable to find a dispute resolution service, as they direct you to the Citizens Advice Bureau.

I can't think of any other reasonable steps, seeing as they've vehemently shut down any further discussion by saying it's their final position and they are unable to comment any further on the matter. I was polite and respectful in my communications with them - so it wasn't a case of me being oppressive in any way.

What do you recommend as next steps?

[echat11]

Lodge a Complaint with the Independent Dispute Resolution Scheme, they handle complaints for the Home Builders Federation, the Scheme is ADR'd by CEDR. Make sure your evidence stacks up. Contact CEDR to check time limits.

Read the following carefully -

https://consumercode.co.uk/making-th...lution-scheme/

[des8]

You may find this link useful. https://consumercode.co.uk/home-buye...portant-to-me/

Builders who register with LABC warranty should keep to this code .Note especially the last sentence of 5.2 re ADR.