Roofers negligence

by Readers Question

19:30 PM, 2nd October 2014
About 4 years ago

Roofers negligence

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Roofers negligence

We had a new roof put on and last week but because the roof was not covered properly a good amount of rain caused damage to my flat. Also most of the stud nails popped out and the place resembles as if someone has gone in with a shotgun. Roofers negligence

The roofers have accepted liability and agreed to pay for repairs, however my quote to redecorate a 1 bed flat at £1,350 has been deemed unreasonable and their quote which I have not seen is for £400 and so we are wide off the mark.

Water also got into the laminate floor and caused some damage resulting in the landing being replaced which they claim has not caused damage, but it has and this is confirmed by the tenant in an email stating the floor had puffed up but has since receeded. This cost £430. As the floor is over 7 years old I have been informed that I could claim half the amount.

My share of the roof is £5,000 which I have withheld until repairs are agreed. This might be wrong of me as the other freeholders are stating that I have reneged on a joint freeholders agreement to settle.

I believe the damage will be no more than £2,500. Do I pay half my share and withhold the other half? I’m also informed I have to mitigate the roofers costs and now provide 3 quotes for repairs to the laminate and the decoration.

I am overseas and whilst I have managing agents, other than my 2 individual quotes cannot provide any others.

This is becoming time consuming, it is not my fault they did not cover or tie down the roof properly.

Can I claim reasonable costs for my time and also, if needed is there anyone out there that can act for me?

At this stage I am getting collective grief from all other parties and I have now been called a bully for adopting my stance in protecting my asset.

Any advice would be gratefully received and whilst I live in Spain and it would be easy for me to fly over and address it, flights and a Hotel will no doubt cost several hundred pounds.

Any advice would be gratefully appreciated.

Thanks

Bill



Comments

Mark Alexander

19:36 PM, 2nd October 2014
About 4 years ago

Hi Bill

Who is the roofing company's contract with?

I'm trying to establish whether it is down to the roofing company to sue you or the other freeholders. If it is the roofing company I'd have thought paying the whole £5,000 into Court and submitting a counter-claim would be the way to go. However, if the contract is joint and several between all freeholders that's when things start to get tricky.
.

Bill Marriott

19:58 PM, 2nd October 2014
About 4 years ago

Hi Mark,

I haven't signed any contract with the roofers but have given an undertaking to the joint freeholders to pay my share.

Mark Alexander

19:59 PM, 2nd October 2014
About 4 years ago

Reply to the comment left by "Bill Marriott" at "02/10/2014 - 19:58":

That's what I feared you would say. I think you need to take professional advice.
.

Neil Robb

14:46 PM, 4th October 2014
About 4 years ago

Hi

I think you have to consider is it worth all the hassle to fight a case. More often than not the cost and time out weight the money involved. Most solicitors will tell you what a great case you have right up until you go to court then it is well we have a 60 per cent chance of winning to cover themselves, by then you are facing a legal bill and possibly the other parties cost as well.

I understand that you believe the damage was done by the roofer failing to secure and protect the roof while work was being carried out. He no doubt will argue the damage could or would been there before hence the reason for replacing or repairing the roof. Do you have any proof on the condition of your flat before they started the work. How long was the roof of. Was any other flat damaged at the time.

The roofer has accepted some liability and has had a quote to repair the damage. Why don't you say that's fine, but you will inspect the work and it must be the same standard as before. If they carry out the work and it looks fine the it is all sorted and everyone is happy.

The down side is quite often the damage to the relationship with other owners in the building is already done and may be difficult to repair. At the moment they may think they will have to pay your share of the bill depending on what the contract is with the roofer until this matter is resolved.

I have a flat in a building which has 8 flats. 6 of the owners are more than willing to pay there share to maintain the building. But two just keep refusing to pay their share as a result a small problem will turn into a big one before it is addressed. This adds to increased costs.

If you can step back and think about the whole situation and see if it can be resolved for everyone as quickly as possible.


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