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Roofing

What to do if guarantee never materialises?

Anonymous user 09/03/2024 - 2.42 PM

Hi there I would be very grateful if anyone had any advice on the below. We contracted a building firm from this site for the renovation of our house. They subcontracted the installation of a fibreglass roof as they were not roofers, which was all agreed in advance at the time. They strongly recommended the roofer who they'd sourced and told us via email that the roof was guaranteed for 20 years. Unfortunately - and foolishly on our part - we never chased up a record of the guarantee once the roof was done, although it is in the contract that the builders will provide all such guarantees. Neither did we get the full details of the roofer. There was a lot going on with the building work and we were not as alert as we should have been. We had a proper contract with the builder, which lulled us into a false sense of security. We were stupid. About six months ago the roof started leaking. I contacted the main builder and eventually got the number of the roofer, who came round immediately and sorted it out. It must be said that the builder didn't do anything to try and sort it out at that time. Interestingly the roofer blamed the leak on the builders. Now - about 18 months after it was installed - holes have started appearing. I tried the roofer a number of times, his phone is now dead. The builder says he will mend the roof himself under the two year guarantee but essentially says the 20 year guarantee which was part of the original deal is meaningless - "we never gave the guarantee he stated on the roof". We are gutted - we knew that 20/25 year guarantees are standard for roofs and just didn't think this was a 'fake'. Any advice? This is the worst of a few different things which went wrong. Many thanks Rosie

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1 Answer

Building Restoration Specialist

Rating: 5 out of 5

Liskeard

Hi Rosie, Firstly, you state you did have a formal written contract, between the Builder and yourself. You also state that the Builder strongly recommended the Roofers to you, and state you have an email from the Builder which says the roof will be guaranteed for 20 years, and also that the Contract states all such works will be guaranteed by the Builder? This would appear to me, as a NON legally qualified lay person, to raise two contractual factors - 'privity' (the contract is between parties A (you) and B (the Builder) and 'assumption of responsibility' - it could be logically and reasonably argued that the roof guarantee lies solely with B because they strongly recommended the roofer and stated the roof work would be guaranteed, by themselves! Also, there is the contractual principle of 'letters of intent', where something implied or suggested may or may not be held as contractually binding (thus reference to roof guarantees in the email). The fact the Builder is returning is a good start I'd say. You should try to inform yourself with COMPETENT contractual law facts / decisions, by seeking the advice of a competent professional (maybe such as a local RICS Arbitrator) with a view to agreeing a solution with the Builder; obviously with the necessary remedial works duly being completed. The competent professional who advises you may dissuade you from litigation etc as this can prove extremely expensive for both parties, and the Courts will not welcome such unless other non adversarial routes have been tried. I am aware of one relatively recent dispute where a Homeowner had to sell their house to cover costs, all over a very small amount of money being disputed! Lastly, it doesn't sound to me like you have a 'fake' guarantee (as you believe) at all. It sounds like the guarantee could be in the Contract, be it by strict duty, assumption or intent. I offer the detail in this post as 'general information' only, it is not to be treated as legal guidance because I am not legally qualified. You should seek professional competent legal advice to guide you with your contractual issue. Hope that may help, Many thanks, Jason.

Answered4 September 2016