Double glazing / FENSA registered companies

[Colin Wilson]

A colleague is having trouble with a fairly large double glazing firm, part of (IIRC) a large building PLC.

She had their windows installed 2 years ago, and has since had problems with various parts of the installation - some windows are fitted at the wrong "depth" in the brick opening, none have a drip groove, and water is being diverted onto her brickwork causing damp problems.

A surveyor told them it would cause fairly major problems if not resolved, and advised them to go to a solicitor, as the company involved were doing the proverbial "la la la can't hear you so there isn't a problem"

The solicitor is apparently getting nowhere fast, and is happy to rack up fees for my colleague, while having a stand-off against the PLC with much deeper pockets.

FENSA say its not their problem either, as the company hasn't gone bust.

What i'm thinking is (perhaps someone else has a suggestion ?)

...since DIY windows are supposed to need building regs involvement, and this company apparently has other complaints registered against it of a similar nature, should this perhaps be referred back via building regs to follow up and inspect some of their work ?

Could building regs force them to do corrective work for faulty workmanship done under a blanket authorisation to install windows ?

TIA

[Andrew Gabriel]

If the windows don't conform, the BCO could force your colleague to have them fixed, but they would have no power to force the original company to do that for free.

[Colin Wilson]

Which is pretty much as they expect anyway, but I suppose if they just took it to small claims court, such action by the BCO would make the case a lot harder to defend from the installers point of view.

[John Rumm]

I would have though simply a statement from the BCO and a surveyor that the work was not to standard would be enough to bring a small claims action.

[Andy Hall]

Remember that there is a £5k limit on these, and above that is regular court....

[jim_in_sussex]

Isn't standard procedure something like "you have n days to fix the fault else I'll have it fixed by someone else & bill you" - then claim the cost off the original may be via the small claims court?

Of course that leaves open the question of who is going to fund the fix before being repaid + what happens if big plc goes down carey st before you get paid + the chance that the case will bore some non-technical wig & you'll lose the case.

But another case comes to mind - weren't Bognor Council sued successfully 10-20 years ago because BCO had approved defective building work (foundations IIRC)? If FENSA was standing in place of BCO approving the work, is it possible FENSA has a similar liability to the BCO? So would a direct approach to FENSA gently reminding them of their quasi-governmental approval status perhaps stir them into action?

Who, in fact, is liable when these self-regulatory bodies take over from BCOs? Does the buck stop with them or with the delegated organization?

[chris French]

In message , Colin Wilson writes

What about the GGF? ISTR they had some sort of complaints/arbitration scheme

[John Rumm]

I was assuming that refitting existing windows ought not cost that much... Still I suppose it depends on how much making good there is to fix anything damaged by ingress of water.

[Mike Harrison]

Don't FENSA have a mandatory guarantee/indemnity requirement...?

[Hugo Nebula]

On Mon, 22 Aug 2005 23:33:05 +0100, a particular chimpanzee named Colin Wilson randomly hit the keyboard and produced:

WRT replacement windows, the building regulations only control the heat-loss, not the quality and fitness. If they are FENSA-registered, then Building Control has no involvement anyway. Your only chance is with the Glass & Glazing Federation (!) or Trading Standards.

[Andy Hall]

Possibly not - I just wanted to mention it to highlight that the procedure is different should the situation arise.

[Pete C]

Name and shame!!!

cheers, Pete.

[Colin Wilson]

I`m not sure which it is, there are two companies starting with the name "Allerton", one ends with "Windows" and the other with "Glass".

AFAIK neither are related, so it would be unfair to single out what might be the wrong one.