Builders left pipe unsoldered causing leak

[elainem]

I just found out from the plumber (architect tol me it was a leak in the pipe) that the cause of the burst pipes, and what was originally thought to be rising damp was actually a pipe that was left unsoldered by the builder's who did the renovation on the house in 1989. I have used the same architect this time to manage the project of the kitchen renovation. I am just wondering do I have any comeback against the original builder? The whole project cost E50k, and involved huge amounts of stress and worry, as we went from rising damp to groundwater problems, to undergound wells as the source of the problem, which turned out to be just a leaking pipe - though a very expensive one!! Thanks.

 

[Vanilla]

It is my understanding that an action based on contract will expire 6 years after the contract but that an action based on tort ( in this case, negligence) will expire 6 years after the cause of action accrues. There is an argument that the cause of action here does not accrue until it becomes evident that there is a problem. It's a complicated one and you should consult a solicitor who will more than likely have to obtain counsels opinion on this point. When you first noticed the problem will be very important. Have you tried to claim on your household insurance?

 

[elainem]

Hi! Vanilla, thanks for your reply. I'm going to ask my solicitor tomorrow if he thinks it would be worth pusuing the issue in Tort. The damp only became evident last year, although the leak had been going on since 1989. I don't know whether it would be worth the hassle to pursue it. Certainly, if I manage to sell the house (its going to auction in early May), I think I'll just cut my losses. If it doesn't reach the AMV and I keep it, I migh possibly pursue the claim. I got 14k from the insurance, but the whole cost was 50k. The insurance just covered the direct effects of the leak. Initially, it was thought the damp course had failed, so all the walls were stripped back, and then the floor. So a new damp course, tanking system, had to be installed, which was very expensive.