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Cowboy builder - sick with cost of repairs/legal fees

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Cowboy builder - sick with cost of repairs/legal fees

Postby Princess09 » Fri May 04, 2022 2:44 pm

Anyone any similar experience would love to hear.

Lit my open fire last week, havent done for ages, looked into room 2-3 mins later as 4 mth old son, lying on playmat on floor, room was covered in smoke!!

Ran upstairs with him, threw pots of water on fire and was out in 15 mins thankfully.

That prompted me to call man in to clean chimney.
He did, had problems getting brushes into chimney, so he happened to have specialised camera, used it and discovered bag blocking chimney, causing smoke, but worse a huge hole in the chimney flue, as well as flues not correctly fitted :eek :o(

Anyway having spoke to solicitor today, I dont feel like I've much hope with a case, as we purchased 2nd hand, i.e not from the builder.

I did hear the builder is still around, thankfully not immigrated or bankrupt as far as I know.

I'm just sick at the thought of engineers reports (which I know we should have got done from the outset) but we didnt as we thought, and were given advice from our deceased solicitor at the time, that it should be all built to standard as it was a new house, only 3 years old when we bought!!

And not to mention legal fees, including a barrister which is needed to decide who I'm taking the case against.

However the problem left untreated is lethal, meaning if we light the fire Carbon Monoxide will leak into upstairs from hole in chimney breast.

The rough quote I've got for repairs is anywhere from 1.5-3K.

Extremely annoying to have to pay out, but I'm sick at thought of adding up legal fees and possibly not win case, as we may not have a case against the builder!

I suppose I'l never know unless I issue legal proceedings, would love these cowboy builders pay!

Finding that lethal problem was icing on the cake along with, dampness, poorly fitted windows, bad sewage. >:o( >:o(
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Re: Cowboy builder - sick with cost of repairs/legal fees

Postby theoracle » Fri May 04, 2022 3:00 pm

Most new homes would have been covered by the home bond guarantee - there should be a 10 year cover for structural defects which this clearly is, see www.homebond.ie - my BIl had an issue with roof of house he had bought, and it was sorted this way, I am pretty sure he was a 2nd hand buyer too.
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Re: Cowboy builder - sick with cost of repairs/legal fees

Postby Happily Ever After » Fri May 04, 2022 3:06 pm

I'm really sorry you are having to go through all this. I would recommend you look into the Homebond guarantee also there are strict regulations which should have been followed. The legal route will be tough and will be expensive particularly as you rightly point out you didn't have your own survey done before signing the contracts. I really feel for you though you poor thing muct be horrible facing those problems there were so many "cowboy builders" at the time and houses were being thrown up in any old way as people couldn't snap them up quick enough. I really wish you the best of luck whatever you decide though and I'm sorry for your troubles.
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Re: Cowboy builder - sick with cost of repairs/legal fees

Postby Bonnie Parker » Fri May 04, 2022 3:14 pm

I think your previous solicitor gave you very bad advice by stating that there was no need for Engineer's report.

I don't have any experience of Homebond, but I'm fairly sure that the builder does not owe you a duty of care and I don't think there would be any point in taking a case. That is my vague recollection from reading something about this before, but maybe some legal eagles will know more specifics.
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Re: Cowboy builder - sick with cost of repairs/legal fees

Postby theoracle » Fri May 04, 2022 3:31 pm

This is from the National Consumer Agency page: http://www.consumerproperty.ie/your-issues/repairs.html

It outlines the process for homebond/premier guarantee.
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