Home owners please help, whose responsibility is this?

[Unrulyrabbit]

We bought a new build last year (acknowledging this may be perceived as a major failing but it is not something we can change at this point). Since moving in we have experienced a list of problems caused by things the builders could have avoided (e.g. they hadn't tiled bathrooms they should have). They have mostly fixed things or in process of doing so. Except one big problem has arisen. The builders are saying this one isn't their responsibility.

A dishwasher has leaked behind our kitchen cupboards, for over a year. By the time the leak was found, a high amount of very visible damage has been caused. Almost all of our downstairs laminate flooring, skirtings, door frames, plus some of the fitted kitchen (all wood/board) have soaked up water from under the floor, they have expanded, puffed up and turned shades of brown/black.

When the builder's plumber visited and identified the problem, their verbal report (to me) was that some had plumbed the dishwasher in wrong, resulting in the leak.

A month later, after repeated chasing from me, the build company have issued a statement by email, including a report from their plumber. The report says that the leak was caused by a manufacturing fault on the dishwasher inlet hose, and that because this is a part pre-installed in the factory it isn't their responsibility. They have put photos in the report from the back of the dishwasher but we don't have any technical knowledge to verify the nature of the fault ourselves.

This is where we are seeking advice - whose responsibility is it, and beyond that how do we get redress, as our house is a mess. We would like to clarify who it should be, before making phone calls so that we don't get fobbed off.

Should the dishwasher manufacturer be directly liable for all the damage to the flooring, skirtings, door frames & kitchen (all of which originally installed via the build company's sub-contractors)? - or is this something that would normally be covered by home insurance, instead?

We can check whether there was a warranty - I wrote all the original information down somewhere, looking for that tonight.

TIA

Thank you, that's helpful

Wow, that's a lot - we have nothing like that to spend so hope insurance will cover it.

Ah I’m not sure, did you not continue the warranties? I know with ours we got a phone call after the year asking if we wanted to keep it up and it was only £3 a month or something, through D&G. Worth getting them to have a look though as it may be that if it’s a faulty part it has always been faulty and they would know that

I don't have the time now to RTFT, but a really good way to find out if it's a manufacturer defect is to google the model number and leaks or reviews.

Our microwave started turning on and setting itself to run for 95 minutes. I did a quick search and I saw there were hundreds with the same problems. The only real damage was to a Krispy Kreme doughnut that fused to a plate; the microwave was inexpensive, and we'd had it several years, so we just discarded it. But it relieved my mind to know it was a known defect and nothing we'd caused.

I'm not convinced they can just wash their hands of it the day you move in, regardless of what they claim. I mean, if you bought it from a shop, the shop couldn't just say it's not their problem. Your house insurance legal dept might take a different view to the builder.

I haven’t read the whole thread either but we had similar from a slow leaking water softener in previous house. House insurance sorted it all out, new cupboards, new floor, etc. after drying it all out.

Thank you, we're going to call the insurance company tomorrow morning based on what has been said here (rather than the manufacturer, or the warranty people).

An update. Called the house insurance company today. They said they need to consider whether it would be covered by them and come back to us. They said their policy covers water leaks but that normally means from pipes. They need to look at whether the dishwasher counts.

The dishwasher itself wouldn't be covered (we knew that already). And, there is an exception in the insurance contract that excludes poor materials and faulty workmanship.

They will call back tomorrow or Monday. It sounds like, they could point at the dishwasher company (faulty product), or back at the developer (bad workman plumbing the machine in). Obviously the build company is saying it wasn't the latter.

This was our concern in writing the original post yesterday. We are increasingly worried that none of the 3 might accept responsibility for the damage caused to our house.

Insurance companies will often try to wriggle out of it the first time. Don't be put off. Complain if they turn you down. Mention the ombudsman.

Eta: who is your insurer? Have you checked the policy wording?

Even if the dishwasher manufacturer was deemed liable, it is likely in their T&Cs that their own engineer would have to determine this fact, and could argue of under warranted you should have called them first, and even so their own insurance would only kick in if your (home) insurance didn't cover it, which it should. Call your insurance and ask them.

As above, we called the house insurance company today. They said they would consider whether it is covered and come back to us. We do have to wait to hear back, but our concern is what happens if they say it is not covered.

We could not have called the dishwasher company first, as did not know there was a leak, or that it was the dishwasher, until a few weeks ago. And, at that point we were told it was caused by the build company and they would rectify all damage. It is only now that the build company have changed this to say it is nothing to do with them.

Report to your home insurer. They will send round a loss adjuster to review the damage and cause of damage.

As long as you have the relevant type of cover they should then pay out and recover the costs from the responsible party whether that's the building company or manufacturer.

You should have just told the home insurers there was a leak so they can investigate-
any way they can push the claim onto someone else they will.

I am bit concerned about the part where you say you knew there was a leak but left it for months waiting for the home company to investigate. They could argue that you could have prevented the further damage by not using the appliance. I think most homeowners would investigate and stop a leak before it got to the level of damage you describe regardless of any builders guarantee just in case it was something like this which is easily stopped.

You need to be firm with your insurers and ask to make a claim. Request a claim form or see if you can report it online. Stop giving them reasons to cop out as they will take them.

Also think about your answer to the question above about preventing more damage as it's likely to be one they will ask.

I can't imagine how horrible this must be for you but try to take any emotion out of it and remember no one you speak to will want to take responsibility for the damage but this is what you pay your home insurance for.

Did you notify your insurers at the time? They usually send an assessor round if there is a lot of damage. The assessor will produce a report.

To start with, until very recently there was no indication it was a leak. It started with floorboards that lifted under foot, and skirting that separated from the wall - which they do in s new build, all the time and a build company will never look at those until there is a certain size of gap between skirting and the wall. When you are within the 2 year snagging period on a new build, you call them to assess things like this and fix them.

The first news about a leak was when they finally came out to look. And when they did that, they completely still gave the impression it was their responsibility. There was no reason to think they wouldn't take responsibility and fix all of it, until a few days ago.

Insurance who will then decide if they go after the manufacture / developer if it's worth pursuing i.e. how much they pay out