Who is responsible?
Responsibility and Accountability
When serious defects remain unresolved, the question is not just what went wrong — it is who was responsible for putting it right.
This page explains how we understand the roles of the builder and developer, where responsibility appears to sit, and how the handling of defects and warranty information affected our ability to resolve the issues.
The two main roles
Builder and developer responsibilities
In our case, responsibility appears to fall into two broad areas: the quality of construction and remedial works, and the management of handover, communication and warranty processes.
EG Carter & Co
Builder / Contractor
Responsible for constructing the property, managing subcontractor work and carrying out many of the remedial repairs.
Read builder section →Willow Tree Housing Partnership
Developer
Responsible for handover, communication, coordination of remedial works and the handling of warranty information provided to us.
Read developer section →Builder / Contractor
EG Carter & Co
EG Carter & Co, along with their subcontractors, were responsible for constructing the property. This includes responsibility for the overall quality of the build and ensuring that the property met the expected standards at completion.
Construction issues identified
The following issues relate directly to the construction or finishing of the property:
- The condition of the property at handover
- Installation of a cracked front door frame
- Poor installation of windows and doors
- Uneven floors, leading to further defects
- Missing or inadequate insulation
- Poorly fitted kitchen cabinets
- Poor preparation of external garden areas
Taken together, these issues go beyond what we would reasonably expect from a new build property.
Responsibility for remedial works
EG Carter & Co were also responsible for carrying out repairs to the defects reported. Where remedial work has been completed, much of it has been carried out to a good standard.
Important exceptions
The remedial work to some windows did not fully resolve the issues and, according to the RISA report, left some windows in a worse condition. Kitchen remediation also introduced further problems, including a damaged worktop and a mitred joint allowing liquid penetration.
Developer
Willow Tree Housing Partnership
Willow Tree Housing Partnership acted as the developer and managed the overall process. This included acting as our primary point of contact and liaising with EG Carter & Co to organise remedial work.
Responsibility for handover
Willow Tree Housing Partnership were responsible for the condition of the property at handover. The property was not cleaned prior to completion.
Internal emails disclosed to us through a Subject Access Request show that cleaning was considered but not carried out due to cost concerns, with an assumption that the property would be “fairly clean anyway.”
It is unclear whether a final inspection of the property was carried out before handover.
Warranty and process
NHBC policy and defect reporting
A significant issue in our case was confusion about the NHBC policy, when it was activated, and who defects should have been reported to.
Policy not available at completion
Willow Tree Housing Partnership were responsible for managing the NHBC policy at the point they took possession of the property from the builder.
- The NHBC policy had not been activated when we completed on the property.
- The policy documentation and certificate were not available to us.
- We relied on guidance from Willow Tree Housing Partnership that defects should be reported to them directly.
Impact on escalation
We later discovered that, under the NHBC policy, defects should have been reported directly to the builder named on the policy.
Because this process was not followed, based on the guidance we were given, NHBC were unable to provide access to their resolution service when we attempted to escalate matters.
We do not believe this was through any fault of our own, as we followed the guidance and documentation provided to us at the time.
Incorrect warranty information
Willow Tree Housing Partnership advised us that the initial defect period was 12 months. In November 2022, they stated that the property was out of its defect period and that we were responsible for any further issues.
This was incorrect. The NHBC policy provides a 24-month initial warranty period. Willow Tree Housing Partnership later acknowledged this error.
Handling of queries
How ongoing issues were managed
Later correspondence raised concerns about how further queries and unresolved defects were being handled.
Further queries paused
In correspondence dated 13 October, Willow Tree Housing Partnership advised that they would not respond to further queries until EG Carter & Co, and NRP Consultants as their employer’s agent, had confirmed that all defect works were complete in their opinion.
They also stated that any further emails would be held and responded to collectively only after a final defect completion certificate had been issued, including decisions relating to the requested RISA window inspection.
Internal correspondence
Emails disclosed to us through a Subject Access Request show internal discussions between Willow Tree Housing Partnership, EG Carter & Co, and their consultant shortly before this position was communicated.
“I write because I think it is time that we need to agree how we extricate ourselves from the defects…”
“…it may be prudent to wait… until such a time we are past the 2 year NHBC cover… That way we have the option to say go back to NHBC…”
Our observation
These internal communications appear to indicate that consideration was being given to the timing of responses and how responsibility for outstanding defects might be managed in relation to the NHBC warranty period.
Summary
Where responsibility appears to sit
In our experience, the builder was responsible for the quality of construction and the execution of repairs, while the developer was responsible for oversight, communication, handover, and correct handling of the warranty process.
Issues arose in both areas, contributing to the ongoing nature of the defects.
Several issues remain unresolved
The current status page explains what remains outstanding and what outcome we are still seeking.