NHBC dispute

[Localher0]

Has anyone had a successful outcome when disputing with the NHBC?? If so - how did you do it??
Long back story: We bought our house 6y ago from a small local developer. NHBC also did the building control. Builder turned out to be crap and no longer returns calls or emails etc. We spotted a leak which caused damp coming through on the rear wall of an addition. I thought initially it was a small problem with the flat roof. Got roofers in - they couldn't find any problems. Eventually asked a surveyor to take a look and he spotted problem straightaway. In his opinion the repair would cost more than the NHBC excess so I sent them the report. They admitted there was a problem but their solution wasn't good enough so we undertook more exploratory work and discovered the walls have been defectively built (against both NHBC and building regs) so we submitted second report. Again NHBC approved the claim but for only 30% of surveyors estimate. I have now sent a 3rd report to NHBC as they fail to address the correct way to fix and will not admit liability regarding the building control.
So - I have spent a lot of money on surveyor in order to get this fixed properly but NHBC are trying not to pay out - no surprise there!! I'm waiting for the response to the 3rd report but what do I do next?? Get a solicitor involved? Go to the ombudsman?? Am I throwing good money after bad trying to get NHBC to actually pay for what they should given that the walls are defective and they couldn't have done their building control job properly??
Any advice gratefully received.

[Africa2go]

I presume you have already checked the NHBC website - its quite useful for details of what is usually covered and the minimum value of the claim? A solicitor will be able to advise, but of course that comes at a cost but likely to make them engage at least.

[Localher0]

Yes - been through the website and also our guarantee documents. So I think we are covered for it all - but their interpretation is different

[xhx44]

Hi there,
The NHBC falsely state in their terms and conditions that they will pay you what it would cost them (the NHBC) to fix the defect/problem.
The NHBC do this all the time. I have been involved in a case against the NHBC where this has been questioned. There is a part of the ombudsman website where you can actually read what they should pay you, which is the cost of the works to you, not what it would cost the NHBC.
Feel free to message back

[Localher0]

Thanks @xhx44 for your reply. The ombudsman website you refer to - is that the general ombudsman or is there one specific to the NHBC? Our claim is ongoing and they are refusing certain things which to us seem like no brainers. The worst aspect for us is that investigations into the water leak revealed that the wall construction breaches building regs and NHBC signed off on the building g control. So surely this needs to be fixed but..... the guarantee will only fix things that actually cause a problem. We know the structural stability of the wall is compromised and therefor feel Section 4 applies but they now tell me I need to make a separate complain to the BC section 🙄

[ShellieEllie]

NHBC - not worth the paper it's written on unfortunately. In my experience you'd be throwing good money after bad.

[NewHouseNewMe]

I would agree that NHBC is pretty useless. Friends had a subsiding porch so bad they couldn't open the front door and this wasn't covered!

[xhx44]

Localher0,
link to the Ombudsman website below.
www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/home-buildings-insurance/settling-home-insurance-claims.
Can you let me know in what way the wall breaches building regulations?
If the NHBC has admitted that there is a valid claim then you should ask them to confirm the coverage of the claim. this is usually done through the NHBC undertaking a resolution report which concludes on what works are required to be undertaken to fix the problem and the NHBC are required to ask the builder to fix the defects within a set period of time. if the builder refuses, then that is when the NHBC starts acting as an insurer. I know this all sounds very complicated but that is how they are set up.
Once NHBC are acting as an insurer then that is when you have much more rights against them to act reasonably and in line with insurance policy outcomes.
presuming that you have always intended that you need the funds to fix the problem, then they are obliged to put you in funds sufficient to put you back into the position that you should have been had there been not damage. As you can see in the link that I sent you, that is what the ombudsman would say to them in any case. what you need to do is keep asking the NHBC to pay you what you think it will cost you to do the work - it has nothing to do with how much it would cost them to do the work unless you have stipulated that you want a specific cash settlement - then the NHBC can offer you what it would cost them. In your case, you need the correct sum of money to be able to undertake all of the works that are necessary - so make sure you have covered everything. The NHBC sees this part of the process as one where they can limit their exposure to cost and will argue hard about costs - so long as you can demonstrate the costs are reasonable then you should get a settlement that covers all of the work.
I can't say a lot more on the public chat - if you wish to make contact direct, try sending an email to my noted username@ the mail provider called mail.com
keep in touch

[Localher0]

@xhx44 thanks for your helpful reply and your DM. I'll reply to you as a DM so I can go into more detail.

[xhx44]

Thankyou Localher0, I look forward to hearing from you.