46-owner group action against national housebuilder

Wingrove Law advised a group of 46 homeowners in a claim against a national housebuilder relating to extensive design and construction defects in their homes. The housebuilder was offering to carry out what the owners considered to be wholly inadequate remedial works under terms that would have left the owners inheriting ongoing potentially ruinous liabilities for unresolved defects.

The proposed remedial works by the housebuilder were originally estimated by the housebuilder to cost around £9 million across the whole estate.

Wingrove Law advised the owners throughout the legal action and successfully negotiated settlement to include the following:

• The extent of remedial works was vastly more extensive than originally offered, with the total value of works carried out increasing to > £25 million for the estate

Wingrove Law's clients also secured, in addition to the improved scope of works:

• Financial compensation of over £250,000

• Access to the full suite of technical drawings and details for the remedial works, essential if claiming for defects in the remedial works themselves

• Detailed plot-specific records of all remedial works carried out, thereby improving mortgageability and saleability and helping to preserve market value

• A full time Clerk of Works employed by them at the housebuilder's cost to supervise and oversee all remedial works being undertaken to ensure adequacy especially in relation to areas that were covered up once done

• A suite of enforceable guarantees and warranties in relation to key components (some of these were offered to non-group owners but were unenforceable)

• A 10 year extension to their section 3 NHBC Buildmark cover

• Recovery of over 97% of their legal costs and expenses incurred in pursuing the action