Terms and Conditions – Defect Assist

What Services we provide:

Defect Assist provide support to individual homeowners, groups of individual homeowners and where necessary for example with apartment developments, management companies who retain ownership and have responsibility for common parts of those apartment blocks.

We can also assist Housing Associations in similar ways.

The support includes the provision of advice and guidance in dealing with Developers who built the Home(s), which where the Home is less than 2 years old can include advice on what is a Defect including any necessary reports, advice on appropriate repairs, and/or conciliation and guidance on dealing with your New Home Warranty provider.

If your Home is more than 2 years old, Defect Assist can advise, support and investigate defects, deal with any claim notifications and process associated with submitting a formal claim with your New Home Warranty provider. This will include advising whether we consider a claim will trigger cover under your New Homes policy.

Our services include chasing up any necessary responses from either Developers or New Home Warranty providers and advising on follow on steps should they be required.

We do not provide a new Home snagging service, nor can we deal with any contractual disputes, financial loss or land ownership or Planning disputes.

Payment Terms:

Fees will be agreed following initial review and advice, with payment normally required in advance via Bank transfer, debit or credit card payment.

For group situations or management companies, fees will also be agreed in advance with payments agreed on a case-by-case basis.

Guarantees/Warranties:

Defect Assist hold Professional Indemnity Insurance and we will always use best endeavours to ensure whatever advice we provide is accurate and appropriate, we cannot however guarantee the success of any claim submitted either to a Developer or New Home Warranty provider, but we will advise where we feel any claim in regard a defect is unlikely to succeed or where we feel it may be difficult to confirm outcome.

Timeframes:

Free Initial Consultation – call back within 48 hrs

Calls and/or Zoom discussion – within 5 working days (following payment)

Defect Investigation – within 10 working days (subject to location and following payment)

Report following defect investigation – within 10 working days of investigation

Any chase ups or follow on will be in accordance with either individual company service level agreements, your New Home Warranty Providers service level agreements, or FCA/Ombudsman commitments.

Termination:

Either party may decide they do not wish to proceed, Defect Assist will confirm this in writing with reasons where they cannot proceed for whatever reason with any refund calculated based on service provided.

Where the service recipient wishes to terminate, Defect Assist shall require this confirmed in writing from the applicant. Under normal circumstances no refund will be provided unless there are specific circumstances which may at the discretion of Defect Assist result in a proportional refund based upon work undertaken up to and including the formal receipt of termination.

Disputes:

In the unlikely event of a dispute, Defect Assist will use best endeavours to establish the route cause of any dispute and explain any outcomes. Where resolution cannot be agreed the matter can be referred to Chartered Association of Building Engineers in regard any technical or investigation dispute, for other matters where disputes cannot be resolved we would refer you to the termination clause above.

Governing Law:

Any contract for service will be governed by English Law for the purposes of these terms and any provision of services by Defect Assist.

Provision of Information:

Defect Assist may need you to provide information in regards the date of purchase, whether you are the first or second purchaser, who your New Home Warranty provider is, whether and how many previous claims or issues you have had (successful or not) plus any Certificates of Insurance, Policy documents and leasehold documents you may have.

Without this information it may well be difficult for Defect Assist to progress any issues or investigate defects, in accordance with any Policy requirements.