The Kinks and Snags of Defective Works
Giving Jesus back his curly locks did not go so well for Cecilia Gimenez. The Spaniard, who gained notoriety in 2012 for the results of her attempt to restore a church fresco, surely appreciates that what is seen by the mind’s eye is not always the actual result of the hand’s labours.
The same holds true for plenty of works carried out each year to homes up and down the country. Swimming pools are too shallow, toilets left uneven to the floor and ceilings cave under the pressure of water coming through leaky roofs. An Englishman’s home is left not so much his castle, as an expensive mess badly in need of repair.
Defective works amount to a breach of contract and negligence by the trader or company involved. The law imposes upon them a duty to exercise reasonable care and skill when performing the work, to the standard that would be expected of someone experienced in their trade. If they have failed to do so, it will serve as the basis for a claim against them.
Before you proceed down the road to litigation however, you should bear in mind that it is not a quick process. Even small claims matters, anything for £10,000 or less in damages, may take at least a year to be resolved. Therefore, Askews would advise that you attempt to contact the trader or company, and see if they will agree to undertake remedial works at no extra cost to you.
If they refuse to do so, then contact us. Askews in Coventry has solicitors experienced in dealing with cases of defective works. We can provide assistance throughout the litigation process, from writing letters before action to drawing up particulars of claims and witness statements. We can also instruct experts to provide detailed assessments of the work undertaken to your property, the defects present, and the remedial works required.
If the works are urgently required with the defects causing further damage to your property, such as water leaking in through the roof, then get the remedial works done as a matter of urgency. As stated above, litigation is not a quick process and you may need to consider your health and wellbeing in the intervening period.
You should ensure however that you get proof of the defects. Take pictures. Retain copies of invoices and reports from anyone undertaking remedial works for you. The more information you can supply, especially in terms of the additional costs you have incurred, the smoother the progress of your claim.
To discuss a litigation matter please contact Liam Fitzgerald or Gareth Wood on 02476 231000
