Builders Obligations to repair faults developing after a few years:

C

cookie

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HI

I believe that a builder is accountable to some degree for issues that arise over time up to 7 years. Is this the case?

My boiler has gone on the blink after about 3 years, im not sure of the full extent of damage yet but it was serviced in accordance with the builders service requirements after a year.
One would expect that if new cars can come with 3 - 5 year warrantys surely a property must have more than 1 year come back on the builder??

If the builder refuses to cover costs for repairs what are my options?

Can I take this one to the small claim court my self and avoid the hassle of solicitors if the case required.

cheers
C
 
cookie said:
HI

1 I believe that a builder is accountable to some degree for issues that arise over time up to 7 years. Is this the case?

2 My boiler has gone on the blink after about 3 years, im not sure of the full extent of damage yet but it was serviced in accordance with the builders service requirements after a year.
One would expect that if new cars can come with 3 - 5 year warrantys surely a property must have more than 1 year come back on the builder??

If the builder refuses to cover costs for repairs what are my options?

Can I take this one to the small claim court my self and avoid the hassle of solicitors if the case required.

cheers
C
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1. No, theres no obligation for a builder to be liable for faults after whats called the 'defects liability period'. This depends on the contract of course but usually this time span is 6-9 months after completion. I have never heard of this period lasting more than a year

2. unless the boiler is under warrantee from the manufacturer.. which is quite possible... it is then up to you to pay for its replacement. 3 years is very short for a boilers lifespan...
 
sydthebeat said:
1. No, theres no obligation for a builder to be liable for faults after whats called the 'defects liability period'. This depends on the contract of course but usually this time span is 6-9 months after completion. I have never heard of this period lasting more than a year

I am quite sure that this is not the case and it may be even up to 12years that there is a level of obligation that work must ahve been completed in a professional manner and the premises fit for habitation.


It is incorrect to suggest a builder only has to stand over work for 12 months ( standar DL period ) where faulty workmanship or materials is concerned.

I am seeking some advice on this as opposed to going under any standard warranty. I happen to know of many faults that arose in the plumbing at an earlier date in other units. This would suggest faulty workmanship and not being fit for the purpose intended.
I am wondering can I look into using the DEFECTIVE PREMISES BILL 1982 to my adavantage and can I do through samll claims if costs are under the threshold ?
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"I am wondering can I look into using the DEFECTIVE PREMISES BILL 1982 to my adavantage and can I do through samll claims if costs are under the threshold ?"

Is that not a UK Bill/Act? This is an Irish site.

I suspect you have no comeback against anyone and may simply have to replace your boiler. But if you feel strongly enough, you could take an action in the Small Claims Court. But you might lose.

mf
 
cookie said:
I am quite sure that this is not the case and it may be even up to 12years that there is a level of obligation that work must ahve been completed in a professional manner and the premises fit for habitation.
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how are you sure??? what obligation are you referring to? If you are sure why did you ask the original question?

cookie said:
It is incorrect to suggest a builder only has to stand over work for 12 months ( standar DL period ) where faulty workmanship or materials is concerned.
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please refer me to this 'correction'..... i could well be wrong with my intrepretation, so id like to be educated on any error.

cookie said:
I am seeking some advice on this as opposed to going under any standard warranty.
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it sounds like your seeking legal advice....
perhaps this isnt the correct forum for such a request
 
First question I would have is to the cause and type of boiler failure.
Was failure due to incorrect installation?
If so and it was not installed to MI and that is evident and provable
The just maybe you could get the installer via 'duty of care' which carries no warranty period! But you may hope the installer in competent or he may plead ignorance!
But IMHO the painless route maybe to get one properly installed and be done with it
 
sydthebeat said:
how are you sure??? what obligation are you referring to? If you are sure why did you ask the original question?



please refer me to this 'correction'..... i could well be wrong with my intrepretation, so id like to be educated on any error.


I am asking because I am sure there is some obligation but I am no legal expert and am asking for clarification on its uses: here is a report ion wahat I refer to. Its defintely one the buildrs do not want Joe Public to know about !! The CIF even lobbied against it, make interesting reading.

[broken link removed]


As I am saying Im pretty sure there is some cover but thye extent and how to go aboput using this legislation I am asking advie on.

Think about it, why would a consumer of a car or a bicycle say, have a longer warranty from defective work and materials than a property. Its insane !! My reading of the attached indicates this was introduced to address this ridiculous scenario.
​

THE LAW REFORM COMMISSION
AN COIMISIÚN UM ATHCHÓIRIÚ AN DLÍ
(LRC 3 – 1982)
REPORT ON DEFECTIVE PREMISES
IRELAND
The Law Reform Commission,
River House, Chancery Street, Dublin 7

MF 1: Its definitely Irish, I cam e across it as part of my studies.​
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sydthebeat said:
1. No, theres no obligation for a builder to be liable for faults after whats called the 'defects liability period'. This depends on the contract of course but usually this time span is 6-9 months after completion. I have never heard of this period lasting more than a year

2. unless the boiler is under warrantee from the manufacturer.. which is quite possible... it is then up to you to pay for its replacement. 3 years is very short for a boilers lifespan...
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You should have got a hand over pack when you bought your house. In this you would of had the product warrantee etc...

Joejoe
 
OP you make an interesting point in that cars etc have warranties. Initially I would have said the builder has no liability if the boiler breaks down, the 'report' you attached seems to be just that a report, is it the law? I understand that if a house has a major stuctural fault then you have homebond to protect you but if something breaks down like the boiler I'm guessing it would come under what warranty comes with that particular item. You have 3 options, repair it yourself, go through your house insurance or sue the builder. The latter option would be very costly and you may not win. Maybe if you went through your house insurance they would sue the builder. You could try starting with the homebond people they might have an idea as to the liability angle, but I imagine they are strongly tied to the building industry side rather than the consumer/house purchaser side. You could also try the consumer agency, citizens advice office or the small claims court. It would be interesting to hear how you get on.
 
cookie said:
I am asking because I am sure there is some obligation but I am no legal expert and am asking for clarification on its uses: here is a report ion wahat I refer to. Its defintely one the buildrs do not want Joe Public to know about !! The CIF even lobbied against it, make interesting reading.

[broken link removed]


As I am saying Im pretty sure there is some cover but thye extent and how to go aboput using this legislation I am asking advie on.​
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The report is just that - a report. The scheme of a bill attached was never enacted as legislation. A Bill is not part of our legislation until it is enacted by the Houses of the Oireachtas as an Act.

Obligations on builders are limited. Homebond, if applicable, may offer some cover but is likely to be restricted to major structural defects. Other than that, a builder is obliged to comply with the applicable building standards.

Boilers should be serviced annually anyway. Try getting it serviced / repaired.
 
Dreamerb said:
The report is just that - a report. The scheme of a bill attached was never enacted as legislation. A Bill is not part of our legislation until it is enacted by the Houses of the Oireachtas as an Act.

Obligations on builders are limited. Homebond, if applicable, may offer some cover but is likely to be restricted to major structural defects. Other than that, a builder is obliged to comply with the applicable building standards.

Boilers should be serviced annually anyway. Try getting it serviced / repaired.
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Thats interesting and extremely laugahble that my car ad shoes have a better warranty for defective labour and materials than a building.

The boiler has been service in line with the aforementioned handover pack.
Getting it replaired? well thats a good idea ;)

Everybody keep saying suing etc will be costly... but I ask, can I take this sort of thing, simply, myslef, to the small claims court ?

cheers all
 
cookie said:
Thats interesting and extremely laugahble that my car ad shoes have a better warranty for defective labour and materials than a building. ...
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Pretty dire isn't it. Theres been a lot of shoddy building for many years and owners have to pay through the nose to get things put right.
 
cookie said:
Thats interesting and extremely laugahble that my car ad shoes have a better warranty for defective labour and materials than a building.

The boiler has been service in line with the aforementioned handover pack.
Getting it replaired? well thats a good idea ;)

Everybody keep saying suing etc will be costly... but I ask, can I take this sort of thing, simply, myslef, to the small claims court ?

cheers all
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On what grounds would you sue? Under what legislation?

Have you had the boiler examined? Do you know how much repairs will cost? Have you had it serviced more than the single time you mentioned in your first post? Have you checked if there's any manufacturer's warranty that's still in place?

Before you even contemplate any legal action, you need to identify the problem, who's responsible, and the basis - if any - on which you can hold them liable. I don't think you've done any of these things.
 
If the boiler is broken then you need to find out why it is broken, if it is broke due to installation fault there may be an avenue for you but if it is broken due to a misc fault ( and no fault of the builder) i cant any recourse for you. There would be a manufacturer guarentee which i assume is up at this stage.
If bought the house with a fitted kichen and your washing machine broke down after 3 years would you go after the builder?
 
"Everybody keep saying suing etc will be costly... but I ask, can I take this sort of thing, simply, myslef, to the small claims court ?"

Yes, YOU CAN ( as per Barack) - ignore all those people trying to find out exactly what the problem is and whether or not you have any legal grounds for taking an action. Off you go to the Small Claims Court and tell the judge your story. Of course, you might just lose. Because I don't think you have been able to make it clear to anyone just why the Builder should be held responsible.

mf
 
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