To ask if the builders could/should be liable

[Redberets]

I own and live in a flat in a block of five. The building is Victorian and was converted into flats in 2008. The exterior walls and roof are owned by a management company to which we all pay a certain amount every month but occasionally more expensive work needs to be done in which case all five flat owners contribute equally.

Last week I received a letter saying that the ground floor flat had damp in the walls and work needs to be done to strip them and do some dampproofing etc. The management company have got a quote and it'll be about £700 each. I asked whether the builders who carried out the conversion of the flat had provided a warranty for the work, because as it was only nine years ago this could presumably be covered, but the management company say they have no record of one and only have an architect's certificate.

Would it be reasonable for me to ask whether without any kind of certificate if there is still a possibility that the builders could have liability for this? It just seems strange that no dampproofing was carried out at the time. Admittedly I know nothing about it so could be completely wrong! I just feel as though it is going to be a lot easier for the management company to just get the money from us to do the work rather than try to find out this information from the builders as it's not really in their interests to make a big effort to find out.

While I'm happy to pay the money if it's necessary, as that is part of the agreement of living here, I don't want to pay it if the problem is really due to negligence on the builders' part! Am I being unreasonable to ask that question? As I said I don't really know enough about it hence asking on here and quite happy to be told that I should just pipe down now and pay up.

Oh and surely we should be getting more than one quote for the work? Thanks in advance for any advice

Sorry, I mean without any kind of warranty. Also sorry for this being a very boring AIBU!

Surely this would fall under NHBC?

NHBC is only for new builds

You would need to find out if the builders installed a damp proof course and, if they did, if the damp is actually penitrative damp rather than caused by, say, poor ventilation etc.

If not, I cant see how damp issues nine years post conversion give the builders any liability generally. Problems can develop with time; particularly in older buildings

That's what I thought! But this is what the management company sent me in response to my queries:

*sadly, there is no warranty on file. Only an architect’s certificate which is not a form of guarantee. There is no NHBC warranty.

The conversion may have incorporated an existing damp proof course but until the walls are stripped back, this will not be known.

We have no other documents on file regarding the conversion so cannot advise what preliminary surveys were carried out by the developer.*

Oh dear that was meant to be in bold

Gobbolino thanks, I did wonder if this is something that could reasonably occur which is why I hesitated before pushing it

To be honest, a warranty is only worthwhile if it can be enforced. If the company has gone into liquidation etc, it's pointless.

It might be worthwhile the management contacting the architect to see if they have any info to trace the builders but but it would be naive (sorry!) to expect the builders to turn up 9 years post conversion and immediately accept liability

Gobbolino I am naive when it comes to this stuff, in fact completely clueless so very happy to be advised, thank you!

I'll ask for another quote I think for comparison but otherwise yes seems sensible to just pay up.

Thanks again