04 Jun 2019

A question about : Negligent builder gone bust!

Let me explain my scenario. I am looking at bankruptcy from the other side...

About 4 years ago, I had an extension built to my house by a builder who operated as a sole trader. Subsequent to the completion of the build, I started to have issues with water ingress which he fixed. Further down the line I had the same issue and as I couldn't get hold of the original builder, I got another roofer to take a look.

The roofer was surprised that the roof pitch was so shallow and when the plans were checked, the roof pitch was about 15 degrees shallower than it should have been.

I managed to get hold of the original builder who came out to take another look. He accepted that the pitch was not correct and that it was an error on his behalf and therefore I should put in a claim against the Public Liability and Professional Indemnity cover he held whilst the build was undertaken. He also said that he has since been sequestrated and could no longer be held liable personally.

I have validated that he was indeed sequestrated, owing 90k and having no assets - which is strange given that he told me that he bought a property whilst he was working at my house and had property abroad. I was never listed as a creditor (for all the good it would have done me) as he directed me to the insurance company.

Anyway, I dealt with his insurer who said that his cover did not include product liability - so they won't cover the issue.

Does anyone see any way in which I can recover my losses here?

Any suggestions would be greatly appreciated.

Best answers:

  • Hi - I think you might get more help on the consumer rights board via the main forum?
    Hope you get some answers.
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