Q&A - No-one wants to take responsibility for leaking roof on my new conservatory

Q: I had a conservatory built last September. Following the heavy rain after Christmas, the roof leaked. I rang the company who supplied and built the conservatory and they sent someone out. I was told the leak was due to a faulty component and they would contact the manufacturer. Two weeks later the manufacturer came around and told me the fault was with the builder who supplied and fitted it. No-one wants to take responsibility, what can I do?

A: When you buy goods and services the law gives you certain rights as a consumer. Services can be provided alone or, as in your case, they can be provided with goods. When you enter into a contract to purchase services, you are entitled to have those services to be performed with reasonable care and skill and, where goods are also provided, for the goods to be of satisfactory quality.

It appears that the fitting of the conservatory has not been carried out with reasonable care and skill and possibly also that the component was not of the requisite quality and you should inform the company who supplied and fitted the conservatory as soon as possible of your dissatisfaction - which you have done.

There has been a breach of contract between you and the company who supplied and built the conservatory due to the poor workmanship and/or inadequate parts. This means that you are unable to use or enjoy the conservatory as intended and are therefore entitled to be put in the position you would have been had the contract been performed correctly.

Although there is no direct contract with you and the manufacturer, you could revert to them if your conservatory has the benefit of a manufacturer's warranty or if the faulty component was manufactured negligently. A Solicitor will be able to tell you if this is the case and advise on your best course of action.

06/02/2012