Chipped roof tiles (installed 6 years ago)

Summary of the enquiry:

A tells us that 6 years ago he had tiles fitted on his house, and they are now chipped and broken in places.

Answer:

Technically, and although the claim might be considered not yet time-barred, since this originally involves a contractual relationship with the contractor who installed the tiles (for which the limitation period for bringing an action is 15 years), a period of 6 years is long enough in the eyes of a judge to consider that, at the very least, given the 6 years you have taken to make a formal claim, you cannot now attribute the deficiencies to poor installation, since you may have carried out inadequate maintenance; and if the tiles had manufacturing defects, those defects should have become apparent earlier.

The opposing defence lawyers, whether acting for an insurer, the contractor or the manufacturer, will argue that the action should have been brought sooner, because 6 years is a very long time not to have detected installation errors or manufacturing defects earlier. (Allow us to have taken the worst-case view in order to warn you of what the opposing lawyers will almost certainly argue against you (rightly or wrongly) in court proceedings.)

That said, the fact that the tiles are chipped may point to a defective material; but the fact that the tiles are breaking may be due to poor installation.

The first thing you should provide us with, for us to study, is the works contract between you and the contractor who fitted the tiles, identifying the work carried out, the specifications, the type of tile, the square metres installed, the installation technique and the date on which it was done, together with the invoice, delivery notes and the manufacturer’s or supplier’s documentation, where the manufacturer’s guarantee may appear or where we can look for it.

Finally, an expert report should be produced that shows beyond any doubt the origin of the defect. If the results of all these steps are clear, we will advise you to file a lawsuit.