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Claiming Against Builder

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  • 05-04-2009 11:13pm
    #1
    ConfusedTech
    Registered Users Posts: 114 ✭✭


    If you have a problem with the quality of a build and workmanship, following completion, can you claim directly from the builders insurance, or must you go through the legal process? IE, is it like car insurance where you can deal directly with the insurance company to resolve the problem with you directly?


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    #2
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    Have you notified the builder of your complaint(s)? And I would guess legal if the builder says it is up to spec as it is a dispute.


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    #3
    ConfusedTech
    Registered Users Posts: 114 ✭✭ConfusedTech


    This is not my own place, but the builders are local and refuse to respond to written communications. I know that the correct course is through a solicitor, but I was wondering if you can use the same appraoch as with car insurance, which is dealing direct with the insurers and avoiding the additional costs of legals.


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    #4
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    Difference is that with a car insurance of the offending party it has already been agreed that:

    1) It was the offending parties fault
    2) That they take the responsability for it

    Neither has been done in this case as they have not admitted that there is a fault; hence there is an open dispute at the moment.

    This is only from my limited knowledge though so I'm open for corrections.


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    #5
    ConfusedTech
    Registered Users Posts: 114 ✭✭ConfusedTech


    Thats a good point and would make sense. They should really bring in a small claims court for medium sized claims!


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    #6
    daheff
    Registered Users Posts: 5,866 ✭✭✭daheff


    if you have homebond you may be able to claim on that.


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    #7
    Sleipnir
    Registered Users Posts: 5,514 ✭✭✭Sleipnir


    Homebond is really only for major structural defects though. If it's the quality of the finish for example, homebond wouldn't cover it.


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    #8
    daheff
    Registered Users Posts: 5,866 ✭✭✭daheff


    quality of a build

    It could possibly come into play here


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    #9
    ConfusedTech
    Registered Users Posts: 114 ✭✭ConfusedTech


    daheff wrote: »
    if you have homebond you may be able to claim on that.

    True, homebond or one of the other insurances could come into play, although these dont provide very much protection on cosmetic and even proving to them that a detail is wrong can be onerous. Anyhow, Homebond is not in effect here.

    The truth, to be honest, is that I have seen too many people having to resort to legal action, or walking away from the fight when it comes to smaller actions with builders. I is not worth the fight, cost and time and I am seeing builders getting away with murder at the end of jobs. Often the retention is not enough to stop these problems.


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    #10
    BostonB
    Closed Accounts Posts: 18,056 ✭✭✭✭BostonB


    hundreds of thousands of euro and the consumer has little protection from builders poor workmanship. Its crazy.


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    #11
    ConfusedTech
    Registered Users Posts: 114 ✭✭ConfusedTech


    BostonB wrote: »
    hundreds of thousands of euro and the consumer has little protection from builders poor workmanship. Its crazy.

    Totally agreed. When I built my own house the builder made a few screw ups. When we had a fall out, he said that he would seal the site up and we could wait two years to deal with it in court!!! We got advice, and there was no in between. These guys know how to play the system.


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    #12
    Sleipnir
    Registered Users Posts: 5,514 ✭✭✭Sleipnir


    Same here. Got screwed by a dodgy builder who, as we found out later, had left others with unfinished, uninhabitable houses in the past.

    Went to a solicitor and all that and was told that the cost to persue him would be in the region of €20,000 and we might end up getting nothing back from it.

    Only the rich can afford justice in this country.


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