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Author Topic: Small claims track against developer  (Read 3872 times)

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steelseries85

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Small claims track against developer
« on: February 23, 2022, 12:43:57 am »
Just after a little bit of advice as I've reached out to various solicitors and none interested in helping even with small claims

Reached deadlock with Taylor Wimpey, they are hiding behind NHBC - NHBC refusing to get involved as their initial response was that it's clear defects which the builder is responsible for under the 2 year warranty, and they now only offer their resolution service at their descretion and will only get involved if it's structural or an ingress of water problem.

I've been here nearly 18 months and there was a huge number of defects, a number of which have been unresolved or done to a very poor standard and the builder is not willing to take any responsibility for it.

I'm about to prepare my own letter before action before doing a claim as per pre action protocol - I'm just wondering if there's any legal basis for my claim that I can refer to with

1. A developer handing over a property with a large number of defects
2. A developer not rectifying those defects
3. A developer forcing a family to live in the upstairs of their home whilst they do remedial works to the downstairs for 1 month, with no compenstation.

Any help would be greatly appreciated.


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Re: Small claims track against developer
« Reply #1 on: February 26, 2022, 08:23:47 am »
It is probably a breach of contract.  (your sales contract)
"build a home in a good workmanlike manner to building regulations and NHBC standards."

Your best option is still the NHBC.
The NHBC have agreed that what is required is covered under the warranty and that Taylor Wimpey are responsible as it is within the first two years of the warranty. If as seems to be the case, Taylor Wimpey are refusing to carry out their obligations under the warranty (have a look at what Taylor Wimpey say about this on their website!) then the NHBC should step in and either arrange for others to do the necessary works or pay you a sum so you can appoint your own contractors.
If the NHBC fail to do this, you may have a case for claiming against them with the Financial Ombudsman Services.

Please get some legal advice before attempting the long legal route which is never certain of success.



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