Blazing mad at builder

By DAILY MAIL REPORTER
Updated: 05:43 EST, 4 August 2005

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FOURTEEN months ago, we moved into a new bungalow. We have a National House Building Council (NHBC) certificate for ten years and a two-year insurance policy from the builder.

However, we still have serious problems, such as not having the 'fully-fitted kitchen'we paid for and the fireplace surround not being the one we ordered.

The builder claims he has not been allowed access to our property, which is not true. He doesn't reply to recorded delivery letters and now puts the phone down when we call. MH, Rotherham

Margaret Stone of the Daily Mail says: The NHBC's ten-year Buildmark warranty carries the promise that, under its independent resolution service, any defects found within two years in a newly-built house will be made good.

'Defects' are when the work does not comply with the technical standards NHBC requires of the building trades. Unfortunately, it does not cover contractual issues, such as whether you received the fully fitted kitchen you thought you were getting or had the right fireplace installed.

NHBC says it has already carried out an investigation of your building and that its resolution investigator agreed that there were, indeed, some defects which the builder was asked to put right. The work has been done, apart from repairs to the fireplace which are tied in with your other problems.

At stake now are your contractual problems with the builder. If the amount you are claiming is under £5,000, you should consider the special procedure for small claims in the county court.

It is informal, it is not necessary to have a lawyer, and the fee is £100. Your local county court has the information.

There is an alternative to litigation. The Chartered Institute of Arbitrators (CIA, tel. 020 7421 7444) runs an arbitration service. The fees, paid for by the consumer, are £80 an hour and, sadly, there is no cost cap. And if the arbitrator did not find in your favour, you wouldn't subsequently be able to take the builders to court.

The CIA and NHBC are about to overhaul and modernise the scheme, including reducing costs, but any new rules will apply only to disputes arising after its introduction.