Case Study

The buyer’s complaint

The buyer claimed the builder had not dealt with repeated complaints about a leaking front door. The buyer requested the builder replace the front door.

The builder’s defence

The builder claimed they had already replaced the front door on a previous occasion. Having received a second complaint, they felt they took appropriate action in proposing inspections and the re-application of mastic, but resolving this had been delayed as the buyer had repeatedly cancelled appointments.

The adjudicator’s findings

The adjudicator found that the initial complaint was made about the door in May and the builder installed a new door in June. When the buyer complained again, the adjudicator was satisfied the builder responded appropriately by offering a series of appointments for an inspection and resolution, albeit all appointments were cancelled by the buyer.

The builder’s contractor further assessed the door and its lock as functioning correctly and identified the need to replace the mastic seal. The adjudicator felt this was a reasonable response and concluded the builder remained flexible, proposing another inspection and a replacement door if necessary.

The adjudicator found that the delay in resolving the issue had been created by the buyer’s repeated cancellation of appointments. Although there may have been understandable reasons for this, the responsibility for the cancellations did not lie with the builder.

Decision

The claim did not succeed.

Learning points:

Buyers:

  • The Code requires builders to provide an accessible after sales service and resolve defects that occur within two years of completion. However, issues are more likely to be resolved quickly and satisfactorily if you work with your builder, which includes giving access to your home when needed so they or their contractors can put things right.
  • In some cases, there may be a difference of opinion between the action you would like to see and what the builder is required to do as part of the Code or to meet technical standards. Keeping an open dialogue and asking your builder to clearly explain why they’re proposing the suggested solution can help reach a mutual understanding.

Builders:

  • Responding promptly and taking action to resolve defects is a requirement of the Code and helps ensure you are providing a good level of customer service.
  • If buyers are reluctant to give you or your contractors access to resolve defects, it’s helpful to explain clearly what you are proposing, why you’re suggesting the proposed approach and what the potential outcomes might be. This can help reassure buyers. However, there may be some cases, such as this one, where a resolution cannot be reached, which is where independent adjudication can be particularly helpful. 

Adjudication Case HOME008939

Tags

Did not succeed, Remedial works, door

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