Advice needed/process to follow on taking action against a tradesman

[cws196]

Any advice or tips on the following appreciated..........

Had a new (fibreglass) flat roof fitted in May 2020 by a local roofing company - old felt roof ripped off, new ceiling boards applied over the the old boards and then the top layer of fibreglass bonded on - £4400. All seemed fine until December 2020 when it starts leaking along the front edge, a length of approx. 7metres. I contact the roofer, he comes to look in January 2021 and then finally returns (after much pestering) in May 2021 to fix it - whereby he applies another layer top-coat paint/sealant at the front of the roof. A week later with some rain and the same leak is back - I contact him and he ignores me. In the meantime I give up trying to contact him and after some changes to lead flashing etc, appears that leak is fixed. Now last week a new leak starts in a new area and is much worse - I contact him, he promises he's coming today but I seriously doubt he'll turn up, let alone actually fix it.

In summary I have no confidence in the roof/his work and want to take action - I'm expecting a 10year+ life from this roof. I understand I need to give him the opportunity to fix it but where does 'being reasonable' end? My thoughts are if he doesn't turn up today and I hear nothing from him, then next week I'll send a signed-for letter, putting everything in writing plus photos and say he has so long to fix it before I go to small claims court. Does that sound the correct process? Has anyone got similar experience and can offer any tips? Is small claims court my best option?

Thanks-in-advance.

 

[ChrisEdu]

Does he belong to any trade association?
You could try trading standards.
Small claims court is easy enough, but you might end up needing to get a debt agency involved to collect any award.

 

[ChrisHGTV]

We have a friend with a place in London who's neighbours builder caused damage to her roof (causing leaking) and after about 3 years it is still going on. Lawyers have been involved for over a year now, and she's not been able to sell. In hindsight she said she would have progressed things legally much quicker and given the builder no slack at all. I know she got a surveyor in to write a report on the damage and cause, so that could be a first step? Then present that to the builder for remediation?

 

[cws196]

Thanks. It's confirmed that I have to get at least 2 reports on what the problem is and how it can be fixed/cost, I then send these to the roofer, signed-for, and give him 14days to respond.

 

[morzov]

Thanks. It's confirmed that I have to get at least 2 reports on what the problem is and how it can be fixed/cost, I then send these to the roofer, signed-for, and give him 14days to respond.

Worth checking whether your house insurance policy covers legal fees - often does

 

[markjay]

Not in the exact same situation, but we successfully claimed against a tradesman professional indemnity / product and public liability policy (their insurer caved-in after 1 year and just before the matter was due to go to court). Do you know if the roofer has insurance cover, and if so can you get the details? Though keep in mind that this will in respect of damages caused by the leaks.

 

[Deleted member 159894]

Does the product carry a guarantee?

 

[Steveml63]

Hi,
I was also going to suggest looking to see whether you have legal cover with your house insurance.
If you are thinking of selling your house and moving in the near future - don’t forget that you will need to declare any disputes - so this needs to be thought out.
Cheers
Steve

 

[grober]

Sounds as if the materials used have 2 different coefficients of expansion causing roof movement as it heats and cools down leading to cracks at the edges/junctions. Only reliable solution may be a complete re-roof with thermally compatible materials -- which would be very expensive----hence the roofers reluctance--- depending on his financial status-- maybe step too far if he is a one-man business to remedy it? If on the other hand he was acting as an agent or installer for a proprietary roofing system you may have more luck appealing directly to them as their system may come with a guarantee.

 

[optimusprime]

CWS do you have a writen guarantee or contract to use in case of work failure . If not, then you can forget it

 

[st13phil]

send these to the roofer, signed-for

You will need to take advice on this, but AIUI "signed for" is not necessarily the best approach as it gives the intended recipient the opportunity to refuse to accept the communication (someone attempting to avoid responsibility would likely be "tipped off" to potential trouble if an unexpected letter arrived to be signed for).

An alternative is simply to send by 1st-class post, and then "service" of the communication is deemed to have been effected at the time at which the letter would be delivered in the ordinary course of post, unless the contrary is proved.

 

[AntMB]

Tradesmen

 

[Petrol Pete]

OP, You say a local 'company' is it sole trader or a Limited company with business premises etc ?

 

[m80]

I send letters 'signed for' only if I want to convey my serious attitude.
Otherwise I send with 'proof of delivery', no signature, no opportunity for them to refuse to sign.

Surely there comes a point of urgency. You repeat the opportunity for the tradesman to rectify, but suffer more damage (inconvenience at least).
I would expect there is a point where demonstrably there is a need to rectify by 'another'. A good tradesman would offer a report on the sub standard and therefor need for what ever remedial works.

 

[cws196]

Thanks for all the latest replies. I (stupidly) never got a receipt but there is a paper trail of the work i.e. copies of messages exchanged plus the work was paid for via bank transfer. The company is a local Ltd company and the address is registered (on companies house site) to their accountants - I've contacted them and said will they receive documents on their behalf (didn't go in to any details ie name or nature) and they said yes they forward on all post to them. I called the Consumer Action helpline yesterday afternoon and they guided me through the steps of action - I'm well within the 6year limit from date of delivery, so ok there. First step is to get 2 reports from other roofers (1 has already been today), then send a letter to the roofers giving them 14days to do something.