Council Building Work - Faulty workmanship 10 years ago!

[Snorkerz]

Some 12ish years ago, my local council conducted repairs to most of the private houses in our street. In our case, this included a new roof, double glazing and re-rendering the property.

 

This was a brilliant deal, we paid around 25% of the 'real price' the rest being funded (iirc) by an EU grant.

 

The works did drag on, and the render was removed in the Autumn but not replaced until the spring.

 

Around 3 years later, a crack developed across the front of our property just above the ground floor windows, it transpired it was caused by a metal beam that crosses the front of the house having got rusty during it's exposed winter, and as the rust progressed, it pushed the render and cracked it.

 

This was around 2003.

 

The council removed the render off the entire front of the house but didn't replace the rusty beam, they painted it and then used a metal mesh on the front of the property called 'renderlath' so that if the beam re-rusted despite the paint, the render would not crack.

 

Now in 2012 I have crack running across the front of my house, again following the line of the beam.

 

A quick google shows details of complaints against the builders over the quality of workmanship. But there isn't much detail - the web wasn't the same as it is now!

 

How long should building work last? Would I have a claim against the council after 9 and a bit years? At least 12 since the original work was done & paid for?

 

I thought I could claim on my buildings insurance - but as it isn't subsidence or storm damage, aparently I'm not covered

[BankFodder]

The normal limitation period for contract or negliegence is 6 years from the date of the breach - meaning in this case, the date that the faulty work was carried out. This would exclude you.

 

However, in some circumstances the Latent Damage Act applies which in negligence, extends the limitation period to 3 years from the date that the negligence could reasonably have been discovered.

If the fault is only becoming discoverable now, then it is likely that you have three years to being an action.

However, I would advise you that the council and the builders will fight hard and one thing which will help you is to move quickly so that you can tell the court that you acted with alacrity once the problem became apparent.

 

Not only are the builders in the frame for this, but also if the Council were responsible for appointing the builders and overseeing and signing off the work then they also could be liable.

Let warn you that the Council knows nothing about any Big Society or about Community. They will fight you and apply far more resources fighting against you than it would cost them to put the matter right.

[BankFodder]

I suggest that you start making FOI equiries to the council to find out everything you can about the builders, the contract, other complaints, solutions etc.

Start building a very big file - and do it quickly.

Double check the Latent Damage Act as well. 1986.

[Snorkerz]

Thank you BankFodder -

 

Have made the FOIA request.

 

A brief conversation with the local councillor (proper meeting booked) resulted in a passing comment that there are others with issues over the same 'works'. Does that aid my situation?