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Building work problem

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Jibergrt | 20:32 Sat 24th Nov 2007 | Law
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I will try to keep this short. 2 and a bit years ago we had an extension built which included adding a downstairs loo. The loo leaked from day one but due to the nightmare experience with the builders we put up with it until the 6 month check. At the 6 month check (that was actually at 1 year) we told the builder and they come back to fix it. However it still leaks. I contacted the architect and told him but we have had a letter from the builder and they have said that because it is out of the time frame then we will have to pay for it. I think this is wrong as it has never not leaked. I am willing to get the work done by someone else and bill the builder, taking them to the small claims court if necessary. Am I correct or am I being silly? This is large local firm and I employed an architect (who was a bit of a waste of space to be honest) - I ended up project managing the bleeding thing - and the problems we had with the builders you would not believe, including them installing the roof back to front as they were reading the drawings upside down - (I kid you not!!)
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I have read your statement as saying that the builder returned within the defects liability period and did repair work on the loo but this work did not cure the defect. If this is so and your contract permits you direct contact with the builder (ie not exclusively through the architect) then give the builder 14 days to complete the work and if he does not then without delay employ somebody else and proceed as you say. If you have to go through the architect then address the same letter to the architecr and address the summons to the architect and builder jointly and severally. The architectural profession is a grossly incompetent profession.
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Thanks very much - I was pretty certain that I have a case but didn't want to go off half cocked and end up with egg on my face :o)

cheers
Bit of a generalisation, but architects are generally good at designing things but not so good at project managing them.
Tripe.

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Building work problem

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