Valuing New Build Defect Claims

Valuing new build defect claims. You’ve bought a brand new home, expecting it to be perfect, however after moving into the property and finding issue after issue, which the Developer simply does not engage to rectify, what can you do? With continuous back and forth you feel like you have no option but to consider legal action.

This is where we can step in at Cohen Cramer.

How we can help

The first element that we would need to establish is quantum. In simple terms the potential value of your claim against your developer, and/or in certain cases your warranty provider. In order to do this we may first ask you to obtain up to three quotes for the cost of the remedial works, as this would give you an indication as to the cost involved in rectifying the issues and therefore the value of your claim.

If the quotes indicate that the remedial cost is to be under £10,000 this would likely proceed as a small claim, whereby legal expenses and expert expenses are generally not recoverable from the other party, save for nominal fixed costs and any court fee paid.

If the remedial costs appear to exceed £10,000, and the issues you have appear to be more serious/complex then it is likely that we will need to instruct an expert to provide a compliant report which may be relied upon in any subsequent court proceedings. Experts that may be required can range from Chartered Surveyors, Structural Engineers, and Quantity Surveyors. It is important to establish as precisely as possible the cost of any remedial works to ensure that your claim is as complete as possible. On many occasions, experts that have been instructed have found defects that property owners were not aware of. If a claim is settled without including all of the defects which could have been known at the time of settlement this may preclude you from claiming these in the future.

In addition to the cost of remedial works, you may be able to claim for other ancillary losses. These will likely depend on the severity of the works, however, these can include having to move into alternative accommodation, storage costs, any duplicated utility bills, and compensation for stress and inconvenience.

Get in touch for help with valuing new build defect claims.

If you would like to discuss your building defect claim further, then please do not hesitate to get in touch with a member of our disputes team today either by:

Alternatively, you can add your details to the box below and a member of our team will contact you.

October 2022

James Colvin, Trainee Solicitor in the Dispute Resolution Team

Valuing new build defect claims.