Building defects: No progress

Luternau

Registered User
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1,178
Looking for some advice/ direction to take with defects in my home which I purchased in 2005. Developer refused to fix. I got Homebond in and they agreed that there are issues for the developer to resolve and gave notice to them to do so. 4months later, nothing has happened. Homebond say they will not be doing the work themselves and I must wait for the developer. I thought with Homebond involved I was out of the woods but I appear to be no closer to this.
Should I engage a solicitor that specialises in construction matters or am I just wasting my time and money thinking this way? Meanwhile i am living with damp and other problems. Very very frustrating. Any help / advice appreciated
 
I am competent to offer architectural, not legal advice.
The below advice is offered to point you in the right direction.
Be definition is is remote from the action and so is not definitive.

Damp problems can affect your health and wellbeing, not just your heating bill.
So yes, you should engage a solicitor if you want this resolved as you may need to initiate proceedings.

For example:

Have you determined the cost of repair yet?
Or the level of compensation you might settle for?
Or having done that, the best court to deal with the matter?
That's why you need to take legal advice before you start in this road.

Depending on which route you take you may run afoul of the statute of limitations which is six years.
For example you may have purchased in 2005, but if the house was certified complete in 2004 you may be nearly out of time.
If you do decide to initiate proceedings be prepared to spend money.

Before you appoint them make sure they give you a written indication of the fees accrusing to them regarding; -
a) preliminary advice
b) selection of barrister and obtaining barristers opinion
c) preparation of proceedings
d) serving proceedings
e) court action
f) arbitration/ negotiation
g) final settlement

You may find this page and the links on it useful:

http://www.courts.ie/offices.nsf/0/0C9AED86600B81878025706F00400F9B?opendocument

Before you proceed you must develop a strategy with which you can win.

  • Determine whether or not the builder/developer is a straw man.
  • Assess whether it is possible to join with others to share the cost of any action.
  • Evaluate the possibility that some of the costs of repair or remedy might be borne by a management company.
  • Determine why there's been such a hold up and look for alternative resolutions of the substantive issue, the buildinf defect.
By all means consider the alternative mediation, concilation and arbitration routes to resolve this.
But all the while keep in mind the clock may be ticking, so take legal advice on that initially or you may lose the opportunity to take legal action if the need arises.

Our office advise in such matters on a semi-regualr basis - semi-regular in that cases come at odd intervals.
We have recently advised on a matter relating to condensation in an apartment.
Homebond wouldn't touch it, since it didn't directly involve a structural defect or water ingress from uninsured risks.

If you want continue to post here you'll get good advice.
But there's only so much that can be done remotely.
If you want to discuss matters privately, PM me.

ONQ.

[broken link removed]
 

Hi Luternau, we had the same situation some time back. Homebond are virtually useless only can write to builders to ask them to rectify matters. From memory you had to notify the builder within 18 months in writing if this a major defect - I assume this was done ?

I would get some quotes from 3 builders for remedial works, also seek legal advice and then decide what to do. For example it may be better and/or cheaper to have the work done rather than engage legal people which could drag on.

I am not scaring you but it took us almost 2 years to get a resolution from when Homebond got involved. And we also have pyrite to deal with.

Frustration would be one word, if Brendan and the moderators would allow me to really vent my feelings I fear the language would be rather blue

Good luck
 
Hi Pete,
You chose your name well!
Thanks for the info-agree with you on the language. I had gone down all avenues before contacting Homebond. I really hope I am not waiting two years.
I would love to go down the route you are proposing but unfortunately for me, its an apartment, and I could not engage anyone to do work on what effectively is not mine (the building structure).
I hoped the management company would step in (as its a structural thing) but then I learned that the developer still controls the management company. So is into the hamster cage we go-round and round!!!
You have more rights in this country if you buy a TV or even a bar of chocolate.
That pyrite thing seems a right mess. Have not been following it but good luck with it. At least there are lots affected and strength in numbers.
P