My husband project managed (builder) a housebuild which was completed and signed off a number of months ago. Over the last number of weeks a problem has emerged with the stonework on two aspects of the house. A group meeting which included the client, the builder (my husband), the engineer, the stone supplier and his engineer and the stone mason concluded that some of the stones were laid wrong and it was agreed that the offending stones would be extracted and replaced with the stone supplier supplying the stone. In fact some stones laid right (according to the engineers) were also crumbling BUT to keep everyone happy the stonemason and my husband started the job of extracting and replacing.
The client decided almost half way through the job that she wasn't happy and wanted to pursue the issue with the stone supplier because advice from other stonemasons to her was that the stone was the problem. Its important to say that the stone was chosen and sourced by the client herself. The builder paid for it but she was given free-rein to choose as she deemed appropriate. The stone supplier will not listen to her so she has decided that the builder must take FULL responsibility and she will pursue legal action to ensure this.
Personally I think that where the stone is the problem she (who sourced the stone) must pursue it with teh stone supplier. My husband has offered to provide whatever labour is required to resolve the issue but will not pay for new stone.
My question - what legal position has she in this case to pursue the builder for faulty stone OR to what extent is the builder responsible for the stone which she sourced.
Sorry for the longwinded summary but we want some idea of our position.
Thanks in advance for any advice,
The client decided almost half way through the job that she wasn't happy and wanted to pursue the issue with the stone supplier because advice from other stonemasons to her was that the stone was the problem. Its important to say that the stone was chosen and sourced by the client herself. The builder paid for it but she was given free-rein to choose as she deemed appropriate. The stone supplier will not listen to her so she has decided that the builder must take FULL responsibility and she will pursue legal action to ensure this.
Personally I think that where the stone is the problem she (who sourced the stone) must pursue it with teh stone supplier. My husband has offered to provide whatever labour is required to resolve the issue but will not pay for new stone.
My question - what legal position has she in this case to pursue the builder for faulty stone OR to what extent is the builder responsible for the stone which she sourced.
Sorry for the longwinded summary but we want some idea of our position.
Thanks in advance for any advice,