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]