CIGA Guarantee Particulars

I've been making a strong case for the last 8 months that the Cavity Wall Insulation should never have gone into my home due to all the reasons mentioned in my blog which is backed up with evidence and references to guidelines / industry standards.

Last week I received a letter from Nigel Donohue CEO of CIGA which aside from the usual cloddish mistakes I've come to expect e.g wrong CIGA case number, MP name spelt incorrectly, wrong dates etc it also contained the following:

This is not what's on my guarantee but phrasing it in this way is convenient for CIGA as it supports the standard CIGA straw man argument of 'lack of maintenance' rather than my primary complaint that this was an inappropriate and botched install in terms of materials and workmanship.

Here is the relevant section of our actual guarantee:

It doesn't state that there has to be damage. If we prove that there are defects in materials and workmanship then this should most certainly be rectified in full for free under the terms of the guarantee.

Under the wording in my guarantee. Voids/poor fill , failure to check the cavity width correctly, no check for rubble, mortar droppings on wall-ties, failure to deal with large bundle of electrics in the cavity, overspill under flat roof and into the pitched roof and water tanks, failure to install a combustion vent to the relevant safety standards, non compliant drilling pattern, failure to match the external render material with the fill holes.... etc. All Fit under the category of defects in materials and workmanship which I would want resolved regardless of any damp issues.

Trying to get CIGA to even comment on any of these issues has been an absolute nightmare. They seem to think that as long as they can find cracks in the render then they don't have to answer more fundamental questions e.g why is there no insulation at all in parts of the house.

Arbitration service rules

CEDR. CIGA's nominated Alternative dispute resolution arbitrator makes it quite clear that the guarantee covers both defects in materials and workmanship or damage that results from a defect in workmanship and materials.

From CEDR's Service Rules (which were agreed by CIGA's executive):

CEDR's rules are applied "In accordance with the terms of the CIGA Guarantee". With the terms being set out in the guarantee issued at the time of the install not the current version.
The CEDR rules specifically clarify the meaning of the guarantee to include damage that directly results from defects but it certainly does not say anything about retrospectively applying the latest version of the CIGA guarantee with the 'maintenance clause'.

In July 2018 I asked CIGA's Head of customer services why our CIGA technical report's conclusion was that we had breached the contract clause 3(the maintenance clause) when our guarantee didn't have said clause.

He Wrote : "From viewing the original guarantee issued to this property it is confirmed that clause 3 was not inserted and has been introduced subsequently. It must be noted however that there has been independent confirmation by arbitration providers that it is an inherent responsibility for the homeowner to maintain their property is in a good state of repair especially if there is ."

The sentence was never finished so not sure how it was meant to end but even after 5 requests for CIGA to issue a revision of the technical report which actually referenced my Guarantee correctly,  my requests have been ignored - all the way up to the CEO.

Arbitration is not law - but a way of avoiding the courts
Despite the implication. ADR and arbitration is not a part of case law. Decisions made in one arbitration don't set a legal precedence for following cases.   In fact part of CEDR's terms mean that both parties are prohibited from disclosing details of arbitrations even after arbitration ends which means that consumers can't compare 'verdicts' to look for inconsistencies or 'winning arguments'.

CEDR Rules of service 

I'm not a lawyer but by stating the arbitrator's conclusion regarding maintenance , CIGA is disclosing details about arbitrations and could possibly be in breach of CEDR's rules of service.

Example of a claim against defects in materials and workmanship
In 2015 The Express carried an article about a chap who faced the problem of noticing that the insulation was very poorly installed while doing maintenance on his house. He justifiably felt  cheated by having absent insulation in his walls for 18 years rather than the problem of damp.

He argued that he was not getting the energy saving benefits from the CWI and The Energy Savings Trust estimated  the loss:

 We’ve calculated the lost savings to be about £5,200 over the 18-year period,” an EST spokesman revealed. 

It seems that the insulation was reinstalled free of charge by the installer but he was only offered £450 to cover this loss on his energy bills.
Although I hope they didn't just top up the existing insulation which is not supported by BBA or the system designers.

So you don't need to have visible damage to claim against CIGA
Under the terms of the guarantee. If you have had cavity wall insulation put in the last 23 years and feel that you are not getting the energy benefits, worried that there may be voids or missing insulation then you can always check with your installer or arrange your own thermographic survey and present the findings to CIGA. If you have evidence that the installer didn't follow the BBA certificate or CIGA's guidelines to the letter then it's also perfectly valid to make a 'legitimate claim against the CIGA guarantee for defects against workmanship or materials.

Multiple Large Thermographic surveys with endoscopic validation of findings have confirmed that over time the insulation tends to 'dry slump'.' This can even happen within a few weeks of install often leaving large uninsulated gaps around the eaves, cold spots and poor thermal performance. Therefore many homes could have a legitimate claim.

Tops ups are not approved by BBA or the system designers and so at the very least the insulation should be removed free of charge and the option (should you take it!) of a reinstall offered.

Can you claim for loss of energy bill savings?

I think the answer is no. Unfortunately it's not clear if a guarantee holder could claim for overpayment of energy bills through CEDR because rather unfairly the service agreement states that a monetary payment may not be awarded by the arbitrator. The 'may' could mean 'will not' or it could mean 'will not necessarily' which is deeply unhelpful.
Most consumers I'm sure would rather take the money and arrange their own extraction rather than have to deal with CIGA again.

Unfortunately CIGA's directors are always the winners because even if you win your case, CIGA could appoint one of their own director's remediation companies and keep the money flowing into their own accounts from the remediation company profits (see CIGA Conflict of  interest).