Suing a Builder - ** RESOLVED **

[wonky100]

Hi Mr Bigglesworth

 

What stage at you at with your claim?

 

If you have now exchanged disclosure lists and copies of the correspondence listed therein and have exchanged witness statements then neither party can add anything unless with the Courts permission, at least that's my limited understanding.

 

If something is brought up at a hearing at a later stage that hasn't been disclosed then you can object to it being used. If something is said that is incorrect, bite your tongue, don't butt, be patient and wait for your opportunity to speak and then discredit what has been said, if you can.

 

With regards to an earlier post re the works being dangerous, in my case I have been told by numerous builders that the structure needs to be removed and rebuilt rather than remedied. I am receiving a little legal help at the moment and they have advised that comments of other builders are not considered reliable as builders will say anything to get work! I've tried to argue that a builder wouldn't want to fix someone's bodge job as they wouldn't want to be held accountable for something which wasn't their fault, so it's better to remove. Catch 22!

 

With regards to the sabbotage theory, the builders in my case have denied that any defects were caused by them and have advised therefore that any defects must have been caused by someone else. Seems to be the only (weak) defence to poor work they have. Like I'm, or you are, going to cause alot of damage to our structures just to go through the stress of court! It ridiculous but obviously not uncommon.

 

Good luck

[MrBigglesworth]

Thanks Wonky.

 

I have a mediation meeting next month, and the hearing will be the month after. I've got most of my evidence ready (not disclosing it until the last minute and I've seen his, if he even has any!). I'm also waiting for the courts for directions on how to do the expert witness report. I'm hoping as its a simple structure I can ask for a reputable local builder (happy for the court to choose) to provide a summary, rather than a full blown survey worth more than the claim (common sense).

 

I'm hoping the judge will aply common sense with regards to the sabbotage defence, as while it is a defence, I have photos, etc to back me up. Plus the biggest point as you say is "Why"?

[MrBigglesworth]

Hi all,

 

Just to follow up, I spoke to the builder just before going into court (just outside the courtroom!) and he admitted fault and agreed to finish the work at no extra cost. True to his word he finished the job and its now all sorted.

Both relived and disappointed that I didnt have to go through the court hassle (would have been an experience!)

 

Mega-faff to get there, but its done.

 

Thanks for all your help.

[wonky100]

Well done Mr Bigglesworth.

 

Hope you can put this all behind you now and get on with enjoying your life.

[honeybee13]

Hello there, I'm just catching up with this one. Well done, I'm pleased everything has turned out the way you wanted, apart from the court appearance. And thank you for letting us know.

 

I'll alter your thread title.

 

My best, HB