"Michael Chare" wrote

If you have any further info on the likely success of court cases I would
be
very interested. My mother is trying to sell a bungalow where the
wood/metal
frames were replace with plastic ones almost 10 years ago. The windows
are
large, the potential purchasers surveyor has pointed out that there are
cracks
above the windows which have likely occured because the plastic frames are
not
as strong as the previous ones. The window installer is still trading.

It's difficult to advise you here and now Michael. I think my advice would
be to see if the sale goes through. If it fails or the price is reduced
because of the damage then you probably have a case. Bear in mind though
that house surveyors often don't understand the full technical aspects of
this, and the cracks may not be due to the windows at all. As I said,
windows are not expected to carry structural loads, so it could be something
else - for instance see my other post about concrete boot lintels.

Also, very important, remember it will cost you a lot of stress and
heartache to go to court (not to mention money) even if you win, so you
might be wise to consider the lowered price if it's not too ridiculous.

If you still want to proceed with court action, you need to find an expert
witness who has experience in window cases - it could be a consultant like
Philip Rougier in Tony's link, or it might be a Chartered Building Surveyor
(like me) etc. It depends where you are, but you might need to go to your
nearest big city. Look in Yellow Pages or you could check the RICS Index of
firms he http://www.ricsfirms.co.uk/ Go to Specialisations and look
for Expert Witness Reports. You obviously need someone with credibility in
court.

When you find someone, ask them to inspect the damage and prepare a report
on its cause and any remedial work necessary. Allow them to expose any bits
necessary to check on the structural situation if they need to. You'll need
to pay for this, obviously. Ask the expert to give guidance on whether
court action is advisable.

The likely success of any legal action you take depends really on the
particular circumstances - no two are alike. You will probably need a
lawyer of some sort but the expert witness will advise you on this after
inspecting the damage, and may even be able to recommend a suitable lawyer.
It is now possible to bypass solicitors (who I find don't often help a lot)
and instruct a barrister direct.

Peter