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Author Topic: Brickwork out of tolerance amongst other serious snags - compensation?  (Read 5245 times)

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Antony

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I am posting after reading your blog post - http://www.brand-newhomes.co.uk/claiming-compensation-adjudication-scheme.htm

I have also tried to join the Facebook group to share some pictures.

I completed on a three bedroomed detached property in November of 2019 with St Modwen Homes. 

Upon getting the keys I had some external lights fitted in the soffit surrounding my property, this revealed, on the gable end, significant areas on the brick where it was in the dark, almost cave looking. After posting some pictures on my (private) social media page, a photo of the brickwork was saved by a former college friend of mine and posted on a 'bad brickwork' page on Facebook which only by coincidence I stumbled across. There were thousands of comments about how the brickwork looked out of tolerance and would require either rendering to sort, or removal of the wall and rebuilding.

In February of this year, I began to put some pressure on St Modwens for them to properly assess it, as previous concerns raised to Customer Services fell on deaf ears with them saying "well it looks fine during the day, and I've not walked past your house and thought there is an issue with your brickwork".

Prior to lockdown, a new Customer Service Manager attended and did some of his own assessments, bringing a spirit level found that in some parts, with the spirit level flat against the wall he could get his hand behind. This revealed, several areas of concern that they found to be out of tolerance. Further assessment found this to be the case on the side of my house, and at present, they believe there are also patches on the front of my house. The only side not to be assessed/checked as of yet is my garden side (my garden is at the side of my property).

To date, the areas deemed out of tolerance have only been assessed by the customer service manager, and not that of anyone independent, they have however said, that once the work is completed they will have it independently assessed to confirm it is all within tolerance. My main concern was that when I come to sell the property in the future that this be picked up. It was initially offered to me that they would put me up in a hotel whilst the work is being done. however this hasn't been mentioned again and in fairness when it was initially offered I was happy to work with St Modwen to prevent this, thus saving them cost!

Since moving in I've had issues with the garden, as I've heard most do when it comes to new build. The ground wasn't draining any water away in three parts causing water to just pool and hold, when I first moved in the landscapers returned and just placed an extra layer of turf over the other this raised the grass higher than the patio so whenever it rained turned my patio into a swimming pool. The customer service manager has attended and witnessed this for himself, standing on the grass and sinking into it yet, due to Covid this again was delayed. They eventually sent out the groundworkers and landscapers, the landscapers confirmed it needed some work however, from speaking to the regional customer service manager afterwards apparently it was put down to poor maintenance by me!

They stated they would get a second opinion from an independent firm, but whilst awaiting this rang and offered me some land drainage which they said would be at a cost to St Modwen of around £2,000, and, if I was happy for it to go ahead would sign an agreement not to take to social media, post photographs etc.

Whilst awaiting on a date, the customer service manager attended again to discuss the brickwork, I mentioned to him if it was likely I'd get compensation for the fact 3/4 of my external brick work needs to be ripped down and re-built. On a subsequent phone call with the regional customer service manager she stated "the compensation we were offering you was your land drains!!".

I found this a bit of an insult, given the amount of time I've waited and serious defects with my property.

They are due to start the gable end brick work on Thursday this coming week.

I have been more than reasonable and patient with the snags and defects I've found and raised, some more significant than others, to date I have recorded around 100 that I have found of my own accord, with some still yet to be completed. Another of significance was that due to the garden flooding, my garden is situated on a higher level than my garage. When it was raining and the garden was flooding, this was causing water to flood through the brick into the garage and I was told they had not used 'engineering brick' high enough to the garden level, thus, the bricks were just letting the water through. St Modwen did send the ground workers who painted a black membrane on the garden side high enough to the grass level however, when I've had my visits by independent builders to look at other bits, they've expressed concern regarding this?

I was wondering if someone could give me their opinion on the above/brickwork and where you think I should proceed? I have been in touch with the MD who was due to come visit me, this has again been put on hold due to Covid but to date, St Modwen seem reluctant to offer compensation having been told from the outset "we don't compensate, we just rectify!".

Thanks again.


New Home Expert

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First of all you may find the articles I have written here more of use.

Nearly all housebuilders "say" they do not give compensation or "it's not our company policy to give compensation"  yet they all do!  The fact they want you to stay iof social media means they know it is wrong and don't want others to find out and., most likely, do not want the board directors to find out.

Your brickwork is clearly way beyond any acceptable tolerance and you really should be moving out to a 5-star hotel, with evening meal thrown in at St Mowden's expense for the duration of the works.
Regarding the level of compensation, this should be assessed only once the work has been completed to your full satisfaction.  Regarding selling on your home, if the brickwork is re built better standard it is more likely to sell than it clearly would be now.

The waterproofing" of your garage wall will not work as water will run down the face of the brickwork and behind the Bituthene membrane. 
Land drains are not compensation, they might be a solution to a defect that you shouldn't  have had.
Any flooding ponding within 3 metres of your home is a breach of warranty standards and the builder must address it.

Stand firm, get angry.
You bought a home that should have been better than whet you have. It is not your fault or your problem. Do not feel pressured to agree to a lesser "deal" than would be justified by a court.

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