Another Success for Colman Coyle's Construction Team

Colman Coyle was asked to take over conduct of a claim for Mr and Mrs P, the unfortunate purchasers of a residential property in Kent which had numerous problems.

Mr and Mrs P had purchased the newly built property in the summer of 2004 for £575,000.  Prior to purchase they instructed a surveyor to carryout a "full structural survey" which revealed some minor items of repair but indicated there was no reason not to proceed with the purchase. 

The property was sold with the benefit of the NHBC Buildmark policy.

Following completion serious problems became apparent.  These included soil erosion to the rear garden which was falling into the adjacent railway embankment, serious issues with the damp proofing and tanking and a list of other defects. 

The NHBC identified several hundred items of defects in their reports but, despite effects to resolve matters amicably little progress was made. 

The surveyor denied all liability, the builder appeared to be insolvent and the NHBC were unwilling to assist. 

Eventually Mr and Mrs P instructed Colman Coyle in January 2009 and after unsuccessfully attempting to resolve matters at a Pre-Action Meeting, proceedings were commenced in the Technology and Construction Court in the spring of 2009.  This involved a claim against the surveyor for negligently failing to identify the problems and against the builder for building in breach of the NHBC requirements. 

In due course a trial date was set for March 2010 - quite a tight timetable given four parties and experts in three separate disciplines were required. 

After experts for both sides had met and reported it was clear the cost of the repairs was in the region of £400,000 and it was genuinely in doubt as to whether it would be better to simply knock the house down and rebuild!

Despite continuing to deny liability until the eleventh hour, a week before trial both the surveyor and the builder agreed settlement terms and Mr and Mrs P will therefore now receive substantial damages and their costs.