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Who to pursue

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  • Who to pursue

    Hi wonder if anyone can help please?. I had my house built by a builder who is now 1 to 2 years into the process of insolvency. I have had several major problems with the house since the day I moved in.

    Some I have had covered by NHBC. However, whilst repairing failed gutter, facias and soffits, my new very experienced builder discovered that my property has no fire socks in any of the cavities and in some places no insulation. I had noted in my snagging list provided to NHBC in the first year of living here wind noises in the house and some ceilings made banging noises which it was windy. I referred this back to NHBC who have said my policy does not cover this.

    I believe missing fire socks in a large house is in breach of building regulations. The builder choose an independent Building Inspector who signed the house off as compliant with regulations. Despite a side door breaching the DPC which did allowed a major flood during a particularly stormy week just after i moved in (house is of an upside down design) and now I have discovered there are no fire socks in the cavities.

    My dilemma is this - in discussions with the building inspector he mentioned that an inspector only has to visually inspect a limited list from the full list. one being confirming the house has a sound DPC (which it doesn't). Is this advice from my building inspector correct? This is obvious in my house as the side door cuts into the fibre glass walkway. However the independent building inspector informed am unable to purse him as his contract states that he does not have to inspect everything??

    That I have no warranty with him as he worked for the builder and that i would not be successful in a claim from his indemnity insurance. Not convinced his approach to not needing to inspect things is correct or not - or any tom dick or harry could become a building inspector.

    Setting aside the door problem and just looking at the fire socks for the moment, installing fire socks into a cavity after the roof and slates are on is not an easy task. Slates have to be removed, some of the insulation comes right up to the top of the cavity so that has to be cut down to enable space for inserting the correct fire socks.

    This is not going to be a cheap job. The house is a large 4 bed with a double garage and built with bedrooms on the lower floors. it is built on a slight hill with some bedrooms being built into the slop of the hill. So my question is.

    The builder is one/two years into the insolvency process. Do i seek recompense from him - which as he is going is in insolvency would probably be a waste of my time and money, or could I pursue the Building Inspector and make a claim against his indemnity insurance? Help please! This house has been a living nightmare for nearly 5 years and i am terrified of what i might find next.
    Tags: None

  • #2
    Hi, I've edited your post to separate the single block of text into more digestible paragraphs.

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    • #3
      Originally posted by EXC View Post
      Hi, I've edited your post to separate the single block of text into more digestible paragraphs.
      EXC The early hours syndrome.

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      • #4
        Hi Jo

        Welcome to LB

        The following sounds like the sensible option, 'could I pursue the Building Inspector and make a claim against his indemnity insurance?'

        Pursuing the 'builder' when 'insolvency' is taking place, when there are 'unknowns', add to that there might be a reason why insolvency is happening, a lack of 'cash flow', so it doesn't make sense pursuing him.

        You might need information from him to pursue the indemnity insurance claim.

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        • #5
          Thank you. I have approached both the Building Inspector and the Associated company both have come back to say i have no claim. I presume i continue to the small claims court or should I see a solicitor? Recommendations welcome. thank you.

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          • #6
            Originally posted by Jo Byrne View Post
            Thank you. I have approached both the Building Inspector and the Associated company both have come back to say i have no claim. I presume i continue to the small claims court or should I see a solicitor? Recommendations welcome. thank you.
            What did they say?

            I would see if you can get some advice from a solicitor first.

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            • #7
              Please read clause 7.2.16 "Firestopping and cavity barriers" at www.nhbc-standards.co.uk. The builder has breached Building Regulations

              Provided your house was completed under 2 years ago the NHBC warranty should cover defects such as missing fire stops and insulation. If the builder is unable to carry out the work, NHBC can arrange for the necessary work to be undertaken. The NHBC should send a surveyor to inspect the missing/defective work

              If your house was completed over 2 years ago, still write to NHBC pointing out you reported a problem with noise during high winds and their surveyor should have carried out an inspection of cavities
              Last edited by Pezza54; 3rd February 2025, 09:27:AM.

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