Claims - For Dwellings Registered on or before the 31st October 2008
For Dwellings registered under the HomeBond Warranty Scheme on or before the 31st October 2008
The Owner of a HomeBond registered Home has access to two different Schemes.
In this section we detail how a Home Owner may make a claim, in the unlikely event that there is a defect in their dwelling.
If, during construction of your home you are unable to recover a Stage Payment (as defined in the HomeBond Agreement) made to your Home Builder, due to the Member’s insolvency or fraud, then the conditions of the HomeBond Stage Payment may provide cover for you. Only payments made after a dwelling has been registered are covered.
To claim for loss of a Stage Payment, you must forward to HomeBond satisfactory evidence that a Stage Payment was made to the Home Builder. Specifically, you must produce written contemporaneous evidence (signed either by the Home Builder or by his authorised agent) acknowledging receipt of the Stage Payment. In addition, you must demonstrate that you are legally entitled to be reimbursed the Stage Payment (or at least some part of it) and despite using all reasonable efforts, it has not been possible to recover the money because of the Home Builder’s insolvency or fraud.
If you feel that your home is suffering from a Major Defect, which comes within the cover previously described, the process starts with you writing to the Home Builder as soon as possible after a Major Defect(s) comes to your attention, setting out as much information as possible about the alleged Defect(s). The Home Builder must investigate the complaint and reply to you within a reasonable time.
If the Home Builder does not reply to you within a reasonable time (or you are dissatisfied with the reply) then you should write to HomeBond at Construction House, Canal Road, Dublin 6, within the Liability Period setting out as much as possible about the Major Defect (as per your HomeBond Agreement) and request the prescribed form.
- Complete the prescribed form return it to HomeBond; and, if requested,
- Forward copies of the HomeBond Agreement, the Contract of Sale and the Building Agreement relating to the Dwelling to HomeBond.
HomeBond will not investigate the complaint unless:
- The complaint has been made within the Liability Period; and that
- You have previously written to the Home Builder, setting out details of the alleged Major Defect(s), and that
- The complaint has not been investigated and replied to by the Home Builder within reasonable time, and that
- You have completed and signed the prescribed form
Having investigated the complaint, HomeBond will notify you and the Home Builder of the results of the investigation.