How to Get Legal Advice on Faulty Workmanship (Builder, Architect and Rotten Roof)

[coolaboola]

Hullo folks,

I had an extension build 5 years ago. Late last year we began to suspect that there may be an issue with the roof.

We contacted the architect who designed and supervised the works and the builder who built it. The builder refused to engage at all, claiming to have retired. The architect was slow to engage and this slow engagement has dwindled to total radio silence.

As time has progressed and the architect has not, we opted to investigate this further ourselves. Recently the diagnosis was confirmed: the roof is rotten and will need to be replaced. We have a quote for EUR5,000 ex VAT for the repairs required to make the roof good.

How should we proceed? Obviously we need to get the roof repaired before it falls in on us, but can we claim against the architect? The builder? Both? How would we do this? What's involved and are we likely to be successful? Do we need to wait until any proceedings have run their course before repairing the roof?

In a pickle... Any information appreciated

 

[Ravima]

You have problems.

You will need to get either an architect or an engineer, as you had an architect, I would suggest an architect, who is prepared to to a comprehensive report detailing the current problems and the causes, pinning blame on either architect who supervised or the builder or both.

Another problem, is are both insured? If one is not, then if at the end of the day a Court was to decide against that person or persons, how would you collect? Are they both sole traders, or limited companies? If sole traders, you can go after personal assets, if a limited company, you cannot. Is the architect a member of the RIAI?

 

[Vanilla]

Watch the time limits here too- strict 6 year time limit, you should take legal advice immediately

 

[T McGibney]

If sole traders, you can go after personal assets

Quixotic in terms of costs and hassle for the sake of recovering €5,000.

 

[DirectDevil]

Apart from the practical necessity mentioned OP is obliged to minimise losses by getting repairs done.
Before repairs are done the defects should be photographed accurately.
An architect should survey the defective area with a view to forming a specific opinion on causation as that decides who, if anyone should be sued.
It is probably not covered but OP might ask their insurers if this might be covered.

 

[staff]

When the work was completed originally did the architect sign an Architects Opinion on Compliance with Building Regulations. If he did, then he has basically approved the building works and now he has to answer on what he signed off on.