Flaws in Defence counterclaim Help

[FTMDave]

1 hour ago, Manxman in exile said:

Remember that what you are basically doing with your defence and counterclaim is telling a history that explains why you are right and the claimant is wrong.  Every history has a beginning, a middle and an end.  Everything has to be told in a logical order, and everything needs to be explained in a way that anyone can understand, and which is supported by evidence.  You are not writing a mystery novel where you are trying to confuse and mislead people.  You want everything to be crystal clear for the reader so they don't need to ask any questions.

This to me hits the nail squarely on the head.  You will be in front of a judge who will know nothing about the case. 

 

Your defence has to explain in a clear bullet-pointed way why you don't owe the money.

 

Your counter claim needs to explain similarly why you are entitled to £16,000. 

 

You need to be able to prove the vast majority, or if possible all, the costs that make up the £16,000.

 

So get on with drafting the two documents.  Don't worry about the English, we can clear that up.  Just make sure you are succinct and clear.

[FTMDave]

Well an expert report doesn't have to be done at all, but as 16 grand is a lot of money the figure really needs to be backed up properly.

 

The problem here is that the OP has done a bit by themself, a bit with a solicitor and a bit with us at the last minute.  Really an expert report should have been obtained in the early stages of the dispute with the builder before litigation had begun.

 

So if the report can be done by 24 January, good, if not the best will be made of a bad job and it will go in the WS.  I damn hope it comes to 16 grand.  So, for the OP

 

1.  Draft of defence.

 

2.  Draft of counter claim.

 

3.  Try to get an expert report ASAP.

[FTMDave]

I've tried to tidy up the English in the defence, cut out the long-winded bits (the judge for insistence will not give a damn if the OP had his lunch interrupted) and make it flow more logically.  I'll have another go later.

 

1.  (14) is unclear. 

Who suggested hiring tools? 

When was the £3000 paid? 

Who paid, you or the builder?

 

2.  What happened between 26/10/2020 and 12/01/2021?  This is the period when everything went wrong.  Did the builder simply refuse to finish the job?

 

3.  How is the £2866 figure reached?  £1433.33 you "owe" for Project 1.  £1080 you "owe" for Project 2.  The extra £220 for Project 2 that you accidentally agreed to.  And costs/interest.  Is that right?

 

4.  Did the builder actually start Project 2?

 

 

1.      In this Defence:

 

a.       References to the paragraph numbers are in reference to the paragraphs in the Particulars of Claim issued on 25/02/2021.

 

b.      A matter that is not admitted is a matter which the defendant is unable to admit or deny and requires the claimant to prove.

 

c.       The defendant adopts where appropriate the abbreviations and terms in the Particulars of Claim for convenience only and without making any admissions thereby.

 

2.      The defendant admits paragraph 3.1 of the claimants claim.

 

3.      The defendant denies paragraph 3.2 of the claimant's claim. The true agreement between the parties involved the defendant and claimant agreeing that the claimant would undertake building work at the defendant’s property in relation to 3 specific areas. These were; and named Project 1

 

a. To underpin the bay window at the property,

b. To repair a previously-removed chimney breast and,

c. To install a new beam to the patio door.

 

4.      During the process of the contract agreement above the claimant was also engaged on further work to do the attached on 07/09/2020 for a total amount of £2,580.00 called project 2.

 

5.      In relation to the installation of a new beam and the above this work was agreed between the parties to be carried out under the instructions of a structural engineer engaged by the defendant. It was agreed between the parties that the claimant's work would be as a result of instructions received following the structural engineer's assessment of the property.

 

6.      Between June and July 2020 the defendant provided the claimant with a full copy of the structural engineer's report which detailed instructions to the claimant for the works to be carried out.

 

7.      It was agreed between the parties that the works would commence on 13/08/2020.

 

8.      It was agreed between the parties that the total sum for the completion of all the claimant's work would be £4300 called project 1.

 

9.      It was agreed between the parties that the claimant’s fees for the work would be paid through three instalment payments. The first payment would be made at the start of the claimant's work. The second payment would be paid at the halfway point of the claimant's work. The final payment would be made on completion of the total works. As such three payments were to be made each of £1433.33.

 

10.   The builder arrived at arrived at work at 2pm on 13/08/2020 when a contract agreement was drawn up. A cheque was issued on the day and he worked for two hours.

 

11.   On 24/08/2020 the builder approached me to book an appointment with the building inspector to inspect his work as the work was approaching midway and he would need the mid-way agreement money, I obliged and a second cheque was issued. He had carried out about 25 hours of work time in the property, attached is my diary of his work. The appointment was confirmed with the building inspector and builder the informed.

 

12.  The building inspector showed up and the builder, having promised to be there, was absent.  The inspector walked around inspecting the builder’s work and making comments in anger.  I called the builder and pass the phone to the building inspector.  All I heard from the inspector was “Do you know what you are doing", repeatedly, “why are you not here you knew I was coming?” followed by describing the mode of doing the work to him. After the conversation with the builder he then asked me for a piece of paper and he started to explain the process which might be useful to the builder when he came. The building inspector then said he would be getting in touch with the structural engineer with his findings and I should hear from the engineer soon.

 

13.   The builder came late that afternoon and I handed him the paperwork given by the building inspector and the builder assured me he would sort it out, that he now had an idea how to go about it, to which I said the inspector would communicate with the structural engineer who would be contacting us so he should wait and he agreed.

 

14.  The structural engineer visited and recommended piling to complete the underpinning.  The builder then said that he did not have the appropriate tools for piling.  “But you can hire them most people do.” There was no answer. The structural engineer then introduced another tradesman who was able to do it for £3,000.00 and I paid the tradesman for the piling.

 

15.    I then turned to my builder after payment that you are now £3,000.00 in deficit but we will sort this out after the rest of the work is complete.

 

16.  On 02/09/2020 he asked for more work to cover his losses having paid the £3,000.00 for underpinning to another tradesman.  I agreed and I asked him to price the job. His quotes were outrageous.  Little did he know that I had had quotes from other people and the internet.  e.g. he quoted me £1800.00 to plaster three rooms as against another plasterer who quoted £850.00. When I showed him the plasterer's quote, he was not shocked, I told him that, because he was on site I would pay him £900.00 final and he accepted. See attached builder quote for Project 2.

 

17.   For this reasons the builder was able to obtain a second contract from me for the amount of £2,580.00 signed on 07/09/2020 which I called Project 2, being, I believe the only way I could compromise the £3,000.00 paid to the tradesman. Again the contract agreement was identical to the initial contract for £4,300.00 (Project 1).

 

18.  Both the initial project 1 and project 2 started to go badly and I made several complaints to him, e.g. bad pointing.  His response was all it needed was a good wash down and this bad pointing remains so to date not washed.

 

19.  Around 15/09/2020 barely a week the builder had got the project 2 job, he was trying to ask for money for project 2.  After a period of negotiation I agreed to pay him £2000.00 on 18/09/2020.

 

20.  On 18/09/2020 I handed a cheque for £2,000.00 to the builder.  He insisted on payment in cash even though my previous two payments had been by cheque.  I was only able to withdraw £1500.00 which I paid him.  The atmosphere was extremely hostile and under a steam of pressure I mistakenly wrote that the contract was agreed as £2,800.00 instead of £2,580.00.  However, balance at completion was correctly indicated at £1080.00. 

 

21.  We both signed the contract.  The builder left.  Later we saw the builder and his colleague on my CCTV camera walking away with my steel beam that had come off lintel. When I rang him and told that I had seen him on CCTV he admitted what he had done. I have now included the cost of the pair of the steel beam in my schedule of loss.  He charged me for work during which he stole my material to do the work without refunding the material used. This was the beginning of my dissatisfaction with the builder.

 

22.  On 21/09/2020 I highlighted and sent a snagging list to the builder.  On 26/10/2020, he sent somebody to my house to clean up plaster damage to the wall and to the living room laminated flooring almost four weeks since he had last worked on the house.  The person he sent made a mess of the job.  I then updated the snagging list and gave a copy to his colleague who was doing the cleaning to give to him and emailed him a copy and sent copies by post to his address.

 

23.  The next contact with the builder was on 12/01/2020 when I saw a note on the door demanding £2,800.00 to which I immediately responded in my letter dated 17/01/2021 for him to explain how I owe the amount so that I can deal with his claim. As I had no response from him on 05/02/2021 I sent him a recorded delivery pre-action notice.

 

24.  The builder then acknowledged my pre-action by send me notice to pay pay £2,866 by 26/02/2021 otherwise he would take me to court. I therefore waited for his court claim to defend and counterclaim.

 

25.  The builder's court notice arrived and this was the beginning of assessing the cost of the damage and uncompleted work by the builder, by inviting tradesmen to come to the property to assess and give me quotes. More information was also sorted from the internet. Where I am not able to get accurate information or tradesmen to give me a quote I have left it as blank or TBA (to be assessed) on my schedule of loss, attached to this statement.

 

Counterclaim

 

26.  The Defendant repeats paragraphs 1 to 13 above.

 

27.  By reasons of those matters the defendant has suffered a financial loss detailed in paragraphs 11 and 12 and the attach schedule of loss.

 

 

PARTICULARS OF LOSS

 

Remedial works                                                                                              £16577.12

[FTMDave]

Can you tell us what you have changed in this new version., otherwise we have to guess or spend ages reading through a huge wall of text.

 

Also can you also answer the questions at the start of past 30?

 

We tried to correct the English and make the defence more presentable to the judge, yet here you have gone back to the version full of mistakes.  Do you want us to correct the English and make it more understandable for the judge, or not?

[FTMDave]

OK, thanks for clearing all that up.  I realise that time is moving on so I'll post a new version late this evening when I finish work.

 

It's still unclear to me how the relationship between you and the builder broke down.

 

21 September, you sent the snagging list.

He then disappeared till 26 October, when his errand boy came, made a mess of the work, and you e-mailed him again.

He then disappeared till 21 January when he left a note on your door demanding payment.

You were in hospital for a period but your wife was at home.

You refused to pay the last amounts for Project 1 and Project 2 simply because he hadn't finished the work.

 

Is this right?

 

Do you have any evidence by mail/message/phone call made that he refused to finish the two projects?

 

I think we also need to see the mails you sent him from 21 September onwards.

[FTMDave]

I agree with MiE, and the draft can't really be improved until the questions in post 41 re the breakdown in the working relationship with the builder are answered.

[FTMDave]

7 hours ago, simeon1964 said:

Yes I do have evidence that he has not finished the work and letters of protestation to come and finished

So - can we see them?

 

The 24th is getting nearer and nearer, and so far your defence is full of background information about how you set up the work with the builder and contains absolutely nothing about the real issue of the builder refusing to finish the work and you therefore being justified in not paying him.

 

 

Edited January 18, 2022 by FTMDave
Typo

[FTMDave]

Very quickly as I'm at work.

 

1.  I've read through about 75% of the massive work that Manxman in Exile has put in and I agree with it all, it makes the defence much clearer.

2.  I had intended to do some work myself last night in particular to separate refernces to Project 1 and Project 2, but ...

3.  ... unless simeon1964 explains, with copies of the correspondence, how the relationship with the builder broke down, then IMO we are at an impasse.  The defence does not defend the substance of the builder's claim.

4.  I have no idea if it's possible to get more time from the court, but I'll flag this up to the Site Team.

5.  From a quick read it seems that the order asks to redraft only the counterclaim and presumably the builder lost his claim for the £2866.

[FTMDave]

Please understand what Andy is saying.  There were two parts to your court battle.

 

(1)  The builder's claim for £2866.

 

(2)  Your counterclaim for £16,500.

 

You have won regarding (1).  The judge didn't reinstate the claim.  No defence is needed.  Great result for you.  Well done.

 

It is (2) where the judge has ordered a rematch.  So please redraft What Manxman in Exile has prepared in post 48 into a counterclaim.  That is what you now need to do.

Edited January 18, 2022 by FTMDave
Typo

[FTMDave]

15 minutes ago, Andyorch said:

we are not aware of what happened to the claimants claim

We are aware - well, sort of.

 

The claimant didn't bother to abide by court orders, multiple times.

 

Eventually there was a default judgement both ways - the claimant's case struck out, the counter claim allowed.

 

The builder then applied for set aside for (1) his case to be reinstated and (2) the counter claim to be set aside, but only (2) was granted.

 

I agree with everything you have posted that evidence for the counter claim should have been there when it was filed and in any case the OP has had nigh on a year to get such evidence together.

 

So now up to the OP to prepare the best itemised counter claim they can by the court's deadline.

[FTMDave]

Just trying to catch up with the thread after two long days at work.

 

@simeon1964 you keep mentioning a defence but the defence is no longer needed.  The defence was needed to counter the builder's claim.  You won.  The builder lost.  That part is over.

 

@Manxman in Exile has made an incredible effort - twice.  It's such a pity that all the work he did on the defence was wasted as that part of the claim was over.  The counterclaim doesn't have to be in brilliant legalese.  The common sense explanation that MiE has prepared and which will be clear to the judge is fine.

 

It is now up to @simeon1964 to flesh out the part in red in MiE's excellent description, with as much evidence as possible.

 

One thing still bugs me.  The builder was working on Projects 1 & 2, haphazardly, but he was doing the work.  Then he disappeared.  Why?  Why did he stop doing the work?  To me this is fundamental to the story, needs to go into the counterclaim description and has still not been satisfactorily answered by @simeon1964.

[FTMDave]

Due to the work that MiE has put in, I think what needs to be done now has changed from extremely complicated to very easy.  It's not like there is a hearing on Monday.  Just that a decent document has to be written in preparation for the future hearing.

 

All that is needed is for Simeon to include what estimates, and I would add what photographic evidence, he has to support points 19 (b) and 19 (c) of the counterclaim statement, as attachments/exhibits.  Plus of course any other evidence of the incomplete work and the damage as MiE points out above.

 

Another couple of things.  From the court order I think that the correct term for the builder in this is Claimant and for Simeon is Defendant/Counterclaimant.  I'll tidy that up in the counterclaim when i knock off work this evening.

 

A question for everyone.  Is "snagging" a term you're all familiar with?  Maybe it's just me and I know nothing about building work, but I have to admit I had to look the term up.  If it's in common everyday use in the UK, fine, if not a short explanation for the judge in the counterclaim would be a good idea. 

[FTMDave]

7 hours ago, simeon1964 said:

On the18/09/2020 he had already taken 2 payments for project1 and one payment for project 2 although I had verbally pointed out snagging, he was in the middle of the jobs nothing complete at the stage. I didn't document snagging until 21/09/2020. I believe he was multi-tasking at other jobs. There were building inspectors, structural engineer paid for the job to sign off . I  didn't want to rock the boat, ( i might not find somebody else to complete the job if I sack him, being covid19 period) he came when he wanted. His last visit was to concrete the front of bay window (where the underpinning took place by another tradesman, because he originally excavated the area.) but he didn't bother to come and check if the concrete set. He made bad job of it.

So once again you reply but you don't answer the question.  Why did the builder stop working for you?

 

Let's try another way.  The errand boy came.  You e-mailed the builder.  He disappeared.  Have you got any evidence of later communication asking him to finish the work? 

[FTMDave]

Understood HB, it's me then that knows nothing about building terms!

[FTMDave]

OK, I've sorted out using the correct terminology to refer to the parties.

 

The original document was absurdly long and filled with waffle. I reduced it. Then MiE did so further – twice. I've continued on the theme and have merged (13) & (14) as I don't think we need to go into detail of why a £2000 payment because £1500, it'd just confuse the judge.  Feel free to disagree!

 

I've sorted out the new numbering and references to paragraph numbers.

 

IMO (16) needs beefing up to explain why the builder disappeared, but simeon seems to not want to explain this properly, so so be it.

 

Apart from that it looks about ready to go.

 

Counterclaim

 

1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:

 

a. To underpin the bay window at the property,

b. To replace and repair a previously-removed chimney breast and,

c. To install a new beam to the patio door.

 

2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.

 

3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant for the works to be carried out.

 

4.      It was agreed between the parties that the works would commence on 13 August 2020.

 

5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.

 

6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.  

 

7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.

 

8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.

 

9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.

 

10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3300. (See receipt at Attachment1).

 

11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.

 

12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.

 

13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.

 

14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the Claimant admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.

 

15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Attachment 2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the Claimant.

 

16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.

 

17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.

 

18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here) in respect of:

 

(a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete;

(b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above;

(c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above; and

(d)    the cost of the steel beam referred to in para 14 above.

 

A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.

[FTMDave]

I see simeon  has several quotes for remedial work and also a report on some of the damage.  They need to be given exhibit/attachment numbers and linked to (16) and (17).  That is simple clerical work, you don't need any legal knowledge to do so.

 

Obviously the piling receipt has to be linked to (10).

 

As MiE has pointed out, the total needs to go in (18) and personally I would include the four sub-totals in (18 a b c d).  After all, the court did ask for a properly itemised counterclaim.

 

If simeon can do the above tomorrow we can then add Andyorch's point about interest at the end.

[FTMDave]

I'm watching football tomorrow but will be home at 4pm UK time and happy to look in.

 

It would be extremely helpful if by then Simeon had got on with the suggestions in posts 106-114 so we can do the final tweaking tomorrow.

[FTMDave]

I realise this is urgent, I will look in this evening.

[FTMDave]

I've started to look at this and see that Simeon has completely ignored post 105 and refers to himself and the builder with the incorrect legal terms. 

 

Nothing has been done re the four sub-totals at the end, this in a document which is supposed to particularise everything for the court.

 

I for one have not got time to constantly repeat the same things that need to be done, especially as someone else on the the site has asked for help with a Witness Statement this evening.

 

If/when Simeon uploads a version that includes the important changes that have been suggested in order to make things clear to the judge, I will help with any tweaking.

 

 

 

[FTMDave]

4 hours ago, simeon1964 said:

if i did, it would be  in error, But #105, refers 'The Defendant/Part 20 Counterclaimant ' don't understand that?

This is you.  It is the correct legal term to refer to you in this case.  It is how you are referred to in the last court order.  I understood this by reading the court order, and Andyorch, who has vast experience in these matters, confirmed.  This is all clearly explained in earlier posts.

 

4 hours ago, simeon1964 said:

#120 I cannot see 18d on this page. can you reference (18d) please with  a sentence so that i can know the sentence to number 19?"

The correct version of the counterclaim is in post 105.  There is certainly an (18d) there.

 

2 hours ago, simeon1964 said:

Help on Case Summary please if needed: "

1.    "  In this hearing before the court is the claimant application to particularise the Counterclaim.

 

That Part 20 counterclaim shall send the court a fully pleaded counterclaim carry out legal basis of counterclaim whatever in negligence of breach of contract,  breach of duty, causation and loss. "

If you do what is written in the next post then you will have done that to the satisfaction of the court.  Instructions coming up.

 

1 hour ago, simeon1964 said:

Sorry FTMdave,  spotted. and  to let you know I had no idea why the builder didn't show up to meet with building inspector. --r-~105

That's not what I asked, I've asked repeatedly why the builder stopped work on your property after the "errand boy" incident.  But it's too late to reply now.

[FTMDave]

This is my last post today.  You can either follow these instructions and get a good document to the court later on today, or you can not read them/ignore them/only act on part of them and file nonsense later on.  It's up to you.

1.  Use the version of the document in post 105.

2.  Change the title to Particulars of Counterclaim.

3.  Fill in the total amount claimed in (18).

4.  Fill in the four subtotals in (18a), (18b), (18c) and (18d).

5.  Give your exhibits clear numbers, write the exhibit number on the top of the page so the judge can understand, and mention them in (10), (18a), (18b), (18c) and (18d).

6.  Regarding your last question, once again you refer to these exhibits in one of (10), (18a), (18b), (18c) and (18d) depending on which of the four sub-totals they refer to.

7.  Put in a final paragraph stating that you are claiming 8% interest under the County Courts Act 1984 and state a date you are claiming from (which will be the approximate date when the builder refused to finish the work).

8.  Finish with a Statement of Truth.

“I believe that the facts stated in this Particulars of Counterclaim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

[FTMDave]

Yes, you're right, it was a typo, change to

 

16.  Apart from the outstanding snagging work referred to in para 15 above,

 

Thinking about it, the snagging work is in (15) and other unfinished work in (16), so also change

 

(b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in paras 15 & 16 above;

 

MiE, you deserve a medal for patience.  I've often been complimented as being a patient person, but I'm afraid I'd reached my limit.

 

I think it's important Simeon posts the final version this evening so we can make sure it's right.

 

I know the deadline is 4pm tomorrow but no way should we risk something going wrong dead on the deadline, it needs to be in before.

 

 

[FTMDave]

42 minutes ago, simeon1964 said:

The links refer to  to Para, 16 and 17 for reports and quotes from tradesmen in respect of Attachment 4 and 5. which of the para refers to report.?

It depends what's written in the report.  if it's about unfinished work - 15/16, 18b.

 

If it's about the damage - 17, 18c.

 

If it's about both then put it in the part it mainly refers to.

 

18 minutes ago, simeon1964 said:

" the amount you are claiming for this item and also note which Exhibit supports this amount  (eg  £6,000 – Exhibits 4 and 5)"

Dont have exhibit for this  only 00 amount

So don't put an exhibit then, just the amount.

 

Can you please post up what you propose to send.

[FTMDave]

I regret coming back onto this thread.

 

What is so difficult about dividing the figure of £16,577.12 into four separate amounts, especially when one is known at £3000?

 

When you filed your original counterclaim, how much did you want for completing the work?

 

When you filed your counterclaim, how much did you want for the damage?

 

When you filed your counterclaim, how much did you want for the steel beam?

 

 

[FTMDave]

HB, the OP included their real name, but then edited the post.