Post
by consumer246 »
Mon Mar 01, 2010 7:31 pm
Guarantees around damp work usually exclude redecoration, but you still have legal rights in contract law. Everyone is taken in by guarantees and think that they are stuck - not so!
I am in a similar position as you but have a bit of legal knowledge and so approached a lawyer who confirmed that I was correct. We are now running a case to claim all foreseeable consequential losses and there are no obvious barriers to success at the moment..although individual circumstances may differ. Whatever the contractor says about the guarantee, they cannot exclude you rights under common law or Statute. Your legal rights provide an avenue to recover appropriate losses, providing the case can be proven, of course. Post a message if you are interested in pursuing this ... maybe my lawyer would assess whether the case could be done on "no win, no fee" and assess the chances of success without further cost to you...you would need to contact them. Don't worry about the guarantee - it's not the be all and end all. But time is of the essence.