Can I use the small claims procedure for failure of a builder to honour a guarantee?

[colin79ie]

I would like to know if using the small claims procedure is a route I can take in this instance as cashflow is tight at the moment.

Basically, I bought a house several years ago that came with a 10 year guarantee against structural defects, not homebond, but a gurantee from the builder himself. (The builder is still going strong!)

However, there are 2 roof leaks and poor quality fitting of velux windows which his foreman has acknowledged. A temporary repair was done last year and I have not seen him since, despite the fact he drives past my house each day.

I have sent him a letter with pictures (but he knows it all already), but no reply. He is dodging calls etc. I got the solicitor whom I used for the purchase to send him a letter and still no response.

The cost of repair would probably be in the region of 500 euro to get it done myself.

I cant afford to employ a solicitor for what may be a long-winded affair so I was thinking of using the small claims court and reading into it it looks like it is ok to use it for this. The guarantee was signed by him and me so in theory he has to answer. It is now leaning toward the principle of it . I dont want him to get away with it if I can at all help it.

Any experiences of this type of thing from anyone would be appreciated.

 

[One]

Although the cost may be quite low (in the region of €500) the scope of cases that the small claims court is actually quite limited. Your case may not fall into the category of cases that is heard in the small claims court. My advice would be to phone your local courthouse and ask to speak to the district court clerk who will advise you whether the small claims court could provide a solution for you.

It can be really hard getting claims for less than a €1000 settled. Sometimes it is easier to sue if the damage /repair costs more. Good luck with it.