Developer Refusing to Fix Snags

[a1anm]

We recently moved in to a new build in Scotland.

We got a snag report completed by an external company. Over 150 issues were identified.  Most of them were really minor/insignificant so we condensed the list to about 40 items and submitted it to the developer.

He sent people out to fix the smaller items however there are a few bigger issues outstanding:

- The adsl/internet port in our living room doesn't work.  If we take the faceplate off we can see it has been wired up. The developer has sent someone out to fix it twice however they haven't actually done anything so it remains the same.

- There are numerous large (in excess of 8 inches) deep scrathes in our LVT flooring.  The developer sent a French polisher to try and fix them but they actually look worse now.

- There is a knocking sound in the walls every time we run the water upstairs

We have emailed the developer about these still outstanding but he has said he isn't prepared to fix them and any future communications should be sent to his solicitor!

We have spoke to Checkmate as they are the warranty company but they have exclusions on scratched floors and only seem to cover other physical damage.

Is small claims court our best/only option now?

[New Home Expert]

If the housebuilder refuses to fix these then yes you will need to get estimates and take them to Small Claims Court for the cost.

It all seems quite small beer. The internet socket should be easy to fix if they send someone that knows what they are doing.

Scratched floor, take up and replace days work plus materials.
Knocking pipework, small hole, wrap pipe in insulation at knocking point and make good and decorate.

Regarding his attitude, I suggest you get a solicitor to send the housebuilder's his solicitor a full list and give them 28 calendar days to fully rectify.
Stating if they refuse of fail, then you will appoint "A Another" to carry out all the required works at their cost plus 10% management and inconvenience fee plus your legal and court fees and all other expenses. plus 5% interest on the total until it is paid.  You could point out that it is a public court and you would also ensure local and if a major builder national press are present.


Time to get tough!


The house builder will end up spending more on legal fees than it would cost them to do the work.

Warning to others this home has a Checkmate warranty....beware!