Hi,

just found this forum,

look like some professional people are here to give help.

I want some advice on how to calculation of damages.

I am pursuing a builder for breach of contract.

Currently a surveyor came and reported that the site have lots of problems

-need to come down and rebuilding.

I want to ask if I am entitled to claim:

contract price is 35000

paid by instalment on completion of each stage of work, so far paid 15000

new contract price for new builder is 42000

demolition fee is 12000

do I entitled to claim:

1. seek to get full refund of 15000

2. demolition fee of 12000

3. additional costs payable to new builder is 42000 - 35000 = 7000

Kindly please advise.

Many thanks!

in short, yes your sums are correct.

However, if the original builder doesnt pay up and has no assets then you will have spent more money on a wild goose chase. You need to find out whether builde limited co or sole trader and what assets the co/he has so if you do sue and win what the chances are that you will collect something.

ericsbrother

Thanks for your advice. They are limited company. That's why I am also worried. Their account shows little money. How to find out if they have any other assets? If I want to claim it through court, how should I do? Is it through county court online or moneyclaim? Is it difficult to do it myself?

did they turn up in a company van? Do they have a yard or work from home?

The amount you want to claim is too large for small claims track so I wont be advising you on the how to's. Seek advice, are the builders members of a trade association like the Federation of Master Builders? If so try them first to use their system.

Thank you Sir. Sorry I don't understand what's meant by turn up in a company van? Also what do you mean if they have work from home?

Many thanks!

right, when they came to your house every day was it in a van with the complay name plastered all over the sides of it or was it in a car? Does the company have a builders yard they work out of and store all their stuff in or do they have just a home addrss on their letterhards, web site, companies house registration.

Reason is if they use a company van and have a yard they are assets of the company and can be seized by the courts if necessary. If they work from home and drive an ordinary car then these will not be the assets of a limited company and you may as well kiss goodbye to your money

If you have a contract (you mention the contract price) - are there any provisions within the contract for redress if you are not happy with the standard of work?

there is no such provision. But even not, can sue under the law