Consumer rights explained: Will I have to foot the bill to replace a poorly built canopy?
Q: In 2018, I contracted a local tradesman to build a canopy at the back of my house. When I asked at the time if there was a warranty against any leaks, he replied that he took responsibility for the structural integrity of the canopy roof from time of completion onwards. He didn’t explicitly provide a warranty for a defined period.
The roof started leaking from day one and attempted fixes have never lasted long. My contact with the tradesman has always been cordial – he has always accepted responsibility for the leaks and has never charged me for any repairs. However, the leaks return a few weeks or months after each attempted repair.
I feel there’s a fundamental problem with how the roof was fitted – the tradesman said initially that he had used the wrong sealant. I am concerned the constant leaks have damaged the wooden part of the canopy and don’t think constant remedial work will improve things. The tradesman is still agreeing to do repairs, but he has become less responsive over the years, sometimes deferring repairs for months.
At this point, I feel my patience has run out. I want to get another contractor to replace the canopy roof, but I don’t want to have to foot the bill. Do I have any rights in this situation – even though the canopy was built over 7 years ago?
Conor, Galway
Conor, your situation is a good – though no doubt very frustrating – example of your consumer rights several years after entering a service contract, in your case for a tradesman to build a canopy.
You’re right to mention when the canopy was installed. The original service from the tradesman in 2018 is covered under the Sale of Goods and Supply of Services Act, 1980. Under this Act, a tradesperson must provide a service with due skill, care and diligence, using materials that are sound and reasonably fit for purpose. If this is not the case, you have six years to seek a repair or other remedy.
I see from your question that you have sought repairs several times, starting within the six-year timeframe, but without long-term success. Based on your question, it seems that all the tradesman’s attempted repairs flow from his responsibilities under the contract you entered in 2018. No repairs appear to have been done under any explicit warranty from the tradesman for a set number of years. And because all repairs were free of charge, it appears that you didn’t enter any new contract with the tradesman (to carry out the repairs), under which you could exercise your consumer rights when the leaks persisted.
These factors mean that the six-year limit for getting a permanent remedy from the tradesman started when the canopy was installed. There is no ‘resetting of the clock’ with each repair because they were all performed under the initial contract you entered in 2018.
Unfortunately, now that more than seven years have passed since the canopy was installed, you have exceeded the time limit to exercise your consumer rights to get a permanent remedy for the leaks. This includes any legal claim against the tradesman for professional negligence (for example using the wrong sealant or the damage to the wooden part of the canopy) or for the costs of repairs by another contractor.
You may wish to ask the tradesman for a contribution towards repair costs, but any agreement to do so this long after installing the canopy would be a gesture of goodwill rather than because of any consumer law obligation.
