Hello, I am willing to wait but I have very specific questions I need answers to.
The previous answers did not provide anything new as I have already done extensive research. I am specifically interested in case law and do not have access to the on-line resources that solicitors and barristors have.
The one thing I am fairly certain about is the NHBC is going to mess us about over the word "damage" because this is clearly what they have been doing with everyone else who has published a complaint on the internet abut the NHBC.
We have quite a number of very serious "defects" which any reasonably competent NHBC inspector should have seen during the course of construction if there was a reasonably rigorous inspection regime in place.
We also believe the builder had never built a 4-story block of flats before ours and, given the negligence/incompetence of most of the hidden defects doubt that the NHBC exercised reasonable dilligence in allowing the builder to offer NHBC insurance policies. To us this is failure in their duty of care to the general public because it gave the builder commercial credibiltiy he clearly did not deserve.
There is a very cosy relationship between the NHBC and their registered builders that is, in effect, a self-regulating system designed to maximise the NHBC's profits. This is a clear commercial choice by the NHBC but it also appears to result in an unreasonable level of trust between the NHBC inspectors and the builders which is clearly not in the interest of the homeowner.
In our case we believe the NHBC manifestly failed in its "duty of care" to the policy holders by failing to carry out a reasonable level of inspections during the construction works.
What I am looking for is case law where the NHBC has lost a case in regard to legal arguments regarding "damage" and "duty of care" with particular interest in the latter.
We intend to seek QC opinion but wish to cast a wider net to the solicitors providing expert advice on Just Answer to help us provide specific instructions to the solicitor who prepares the brief to the QC.
Clearly if there is case law regarding the NHBC in similar circumstances and they lost the case it will significantly improve the chances of our claim succeeding without having to resort to legal remedies with an unpredictable outcome and the possibility of an appeal. The latter processes could easily exceed the cost of us just paying for the remedial works ourselves. Doing so would also give us a guaranteed outcome and be far less stressful.