Flaws in Defence counterclaim Help

Manxman in exile · January 22

simeon - I think you need to do the following ASAP:

(1) Take FTMDave's draft from #105 as the basis of your counterclaim.

(2) Read my post #120, note my comments and suggestions in respect of (a) FTMDave's draft and (b) your attachments, and carry out those suggestions.

(3) get all your attachments in order and cross-referenced to the particulars of your counterclaim. (You seem to have already done most of that in #121, haven't you?).

I think that is what you need to do now as a matter of urgency so we can look at it early tomorrow.

If you can do all that, then you will have at least a basic document that you can submit on Monday if all else fails.

You now need to stop coming up with new additions and changes (unless they are absolutely essential) as they are simply confusing the issue and delaying completion of the document.

Also read and digest FTMDave's last post #125. We are both using our own spare time to try to help you out here - you need to start taking notice of what we are suggesting... (eg stop reverting to earlier drafts of documents that have since been amended)

Edited January 22 by Manxman in exile

**dx100uk** · January 22

thread tidied

dx

Manxman in exile · January 22

6 hours ago, simeon1964 said:

Just your attention to this attachment, that the authority certification, refers to the project as underpinning not piling.

Last page 13underpinning.pdf 224.55 kB · 2 downloads

Then amend the draft from #105 if you want to... But make sure that is all you are changing without telling us.

I will look in tomorrow morning but I'll be out until 4pm or 5pm and will look in again then.

Edited January 22 by Manxman in exile

simeon1964 · January 23

15 hours ago, FTMDave said:

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.

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

#120 "I didn't originally number the very last paragraph after 18(d), but I think it will read and look better if that last sentence is numbered 19."

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?"

Para 19 starting with " Claimant seeks---""

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. "

5 hours ago, simeon1964 said:

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

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

For more reviews please: Where do i put the roofing job, the Rubble receipt and Building certification describing the job as underpinning ?

"

Receipts in respect of 3 items (a) - see

Attachment 1 – Pages-4-8 for: (i) £3,000.00 GTM piling,

(ii) Rubble truck £387.12

(iii) £250.00 to Mellor the roofer

The two priced quotes in respect of items (b) Cheshire Bespoke Building Limited for £5,190.00,

and Mellor Roofing Specialist.

(c) –see Attachments 6 and 7 - are attached in support of this counterclaim. Pages---??? "

**FTMDave** · January 23

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** · January 23

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.”

simeon1964 · January 23

8 minutes ago, FTMDave said:

You can either follow these instructions and get a good document to the court later on today,

I have till 4pm tomorrow to either post or email it right?

Manxman in exile · January 23

13 hours ago, simeon1964 said:

...

#120 "I didn't originally number the very last paragraph after 18(d), but I think it will read and look better if that last sentence is numbered 19."

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?"

Para 19 starting with " Claimant seeks---""

...

For Chrissake simeon!!!

Of course you cannot find para 18(d) that I referred to in #120!!! That is because - if you had bothered to read #120 post correctly - you would have seen that para 18(d) is in FTMDave's post #105.

One of the improvements that FTMDave had made in #105 to my earlier draft was to replace my paras 13 and 14 with a single combined para 13. This reduced the total number of paragraphs by one. That was a good thing to do.

YOU in #121 then reverted to my earlier draft, thus wrongly reinstating para 14 from my draft which FTMDave had removed . This meant that the para 18(d) that I referred to in #120 had become 19(d) in your version in #121!!!

So when I referred in #120 to FTMDave's draft in #105 and to para 18(d), I was referring to para 18(d) in #105, and not to any draft that I produced days earlier or that anyone else had produced.

And then, now that the para 18(d) confusion that YOU have created is sorted out, you must surely understand my references to para 19 after para 18(d), and to adding a new paragraph 20

Do you understand now? (You must stop reverting to ealier draft versions and stick with the latest - otherwise it becomes incredibly confusing for all of us and you won't get this counterclaim completed in time!!!)

========================================================================

All I can really advise you to do now is to read FTMDave's suggestions in #131, and follow them!

(You might find it helpful if you read again all our posts from #120 onwards to help you understand FTMDave's advice.)

You need to sort out your attachments (or exhibits if you prefer). You've got them in front of you - we haven't - and you understand them better than we do. Just make sure they are numbered and ordered correctly and are cross-referenced correctly to the Particulars of counterclaim.

Add in interest as per FTMDave's instructions.

And that is it. From here it's not rocket science, it's just common sense. If you don't understand by now we can't help. You just need to polish it off.

7 hours ago, simeon1964 said:

I have till 4pm tomorrow to either post or email it right?

What does the order that you posted in #46 say?

(I suspect that FTMDave may be suggesting that it would be preferable to have it all complete today so you don't have to run around like a headless chicken tomorrow. I assume he has a day job that he has to do tomorrow).

13 hours ago, simeon1964 said:

...

For more reviews please: Where do i put the roofing job, the Rubble receipt and Building certification describing the job as underpinning ?

"

Receipts in respect of 3 items (a) - see

Attachment 1 – Pages-4-8 for:   (i) £3,000.00 GTM piling,

                                                    (ii) Rubble truck £387.12

                                                     (iii) £250.00 to Mellor the roofer

The two priced quotes in respect of items (b) Cheshire Bespoke Building Limited for £5,190.00,

and Mellor Roofing Specialist.

(c) –see Attachments 6 and 7 - are attached in support of this counterclaim. Pages---??? "

Look simeon - I'm sorry, but how the hell would we know where they need to go?

I thought you had already sorted out the piling receipt and which attachment it was?

Where has the rubble truck come from and why haven't you mentioned it before?

Are the amounts for the rubble truck and the roofer already included in the £16577 you are claiming? If they are, then haven't you already included them in your breakdown of the total and your attachments? If they aren't already included and are still to be added in, then that means that you are claiming more than £16577.

I can't explain it any more simply than I have done already. If you just cannot understand or assimilate what FTMDave and I are suggesting, then we really can't help you any further...

=================================================================================================

I would honestly suggest that you spend an hour re-reading and understanding some of the more important posts on this thread.

I think they are #105, #113, #120 and all the posts after #120.

THEN, you need to do what FTMDave suggests in #131 (having read and understood the posts noted above and reading #131 in the light of that understanding).

OK? I'll look in after 5pm...

simeon1964 · January 23

1 hour ago, Manxman in exile said:

OK? I'll look in after 5pm...

My final ticket:

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 £3000. (See receipt at Exhbibit-1).

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 the Claimant challenged 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 (Exhbibit-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 (Exhibit -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 ( Exhibit 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 Exhibit-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 £16,577.12 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.

(d). the cost of the steel beam referred to in para 14 above put down as estimated.

A receipts in respect of 3 items (a) - see

Attachment 1 – Page-4-8 for: (i) £3,000.00 GTM piling,

(ii) Rubble truck £387.12

(iii) £250.00 to Mellor the roofer

The two priced quotes in respect of items (b) (1) Cheshire Bespoke Building Limited for £5,190.00,

and (2) Mellor Roofing Specialist.

(c) – see Attachments 6 and 7 - are attached in support of this counterclaim.

The defendant/Part 20 counterclaimant is claiming 8% interest under the County Courts Act 1984 from the 26 October 2020 which was the last day the

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.’.

Manxman in exile · January 23

I can't read it in detail now, but just skimming over it:

1. Where is the title? Didn't we say "Particulars of Counterclaim"?

2. Where is para 19 and 20?

3. I think FTMDave suggested putting the individual subtotals and Exhibit numbers against para 18(a) - (d) to make it clearer for the judge?

4. what is this £3000?

"A receipts in respect of 3 items (a) - see

Attachment 1 – Page-4-8 for: (i) £3,000.00 GTM piling"

Isn't that £3000 already included in 18(a)???????

5. Why are there two 18(c)?

6. I don't understand what this means:

A receipts in respect of 3 items (a) - see

Attachment 1 – Page-4-8 for: (i) £3,000.00 GTM piling,

(ii) Rubble truck £387.12

(iii) £250.00 to Mellor the roofer

The two priced quotes in respect of items (b) (1) Cheshire Bespoke Building Limited for £5,190.00,

and (2) Mellor Roofing Specialist.

(c) – see Attachments 6 and 7 - are attached in support of this counterclaim

7. Does the last sentence need a paragraph number as appropriate?

Read #131 et seq again...

simeon1964 · January 23

Getting confused from here, please sort me again" where are Para19 and 20 go

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 Exhibit-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 £16,577.12 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.

(d). the cost of the steel beam referred to in para 14 above put down as estimated.

A receipt in respect of items (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.

The defendant/Part 20 counterclaimant is claiming 8% interest under the County Courts Act 1984 from the 26 October 2020 which was the last day the"

LIST OF ATTACHMENT of this Counterclaim

24-01-22

1. Attachment A - 2 Pages – GTM Piling receipt.-1 Rubble truck receipt-2

2. Attachment B – One Page – 21^st Sept 2020 snagging list

3. Attachment C – Two Pages – 26^th October updated snagging list

4. Attachment D – Two Pages – Snagging list above

5. Attachment E – One Page – Itemised Negligence/Damage

6. Attachment F – Two Pages – The two priced quotes : 1- Cheshire Bespoke Limited 2-Leigh Handy Man

7. Attachment G – Four Pages – Repairs to chimney-21/01/2022

8. Attachment H- Five Pages - Hale Surveys inspection of 30/04/2021

9. Attachment I – One Page Building Regulation Certificate. Dated 02/11/2020

10. Attachment J – Contract agreement signed both parties for Projects 1 & 2

Manxman in exile · January 23

In answer to your post #137.

Any text in red is an addition. Any text in [bold blue italic is a question or comment for you]. Anything struck through like ~~this~~, is a deletion.

==============================================================

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 Exhibit-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 £16,577.12 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; Add in here the amount you are claiming for this item and also note which Exhibit supports this amount (eg £3,000 – Exhibit 1)

(b) the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above; Add in here the amount you are claiming for this item and also note which Exhibit supports this amount (eg £4,000 – Exhibit 2)

(c) the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above; Add in here the amount you are claiming for this item and also note which Exhibit supports this amount (eg £5,000 – Exhibit 3)

(d) the cost of the steel beam referred to in para 14 above put down as estimated. Add in here the amount you are claiming for this item and also note which Exhibit supports this amount (eg £6,000 – Exhibits 4 and 5)

~~A receipt in respect of items (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~~.

[Simeon - I don’t think you need the bit above any more because FTMDave suggested that you include the relevant sub-totals and Exhibit numbers in 18(a) – (d) as I have shown you in red above. Do you understand? All the receipts and reports etc etc etc that support 18(a) – (d) should be in your exhibits. Do you understand?]

19. In addition to the amount in paragraph 18 above, The defendant/Part 20 counterclaimant is also claims ~~claiming~~ 8% interest under the County Courts Act 1984 from the 26 October 2020 which was the last day the" [Simeon - Was the last day WHAT?]

===========================================================================

Making sure the Exhibit numbers are correct and all tie in and cross-reference correctly is YOUR job. They are YOUR exhibits. No-one else can check them for you.

Are you sure the £16577 includes everything - like the waste truck that suddenly appeared form nowhere?

In other words, are you sure that para 18 and the exhibits it refers to all add up to the total amount you are claiming?

Edited January 23 by Manxman in exile

simeon1964 · January 23

On 20/01/2022 at 22:20, FTMDave said:

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.

the para, 16 above you meant 15 above, is that right? which of the paragraphs is the links to the quote and which to Survey report? you mentioned 16/17

1 hour ago, Manxman in exile said:

In other words, are you sure that para 18 and the exhibits it refers to all add up to the total amount you are claiming?

Very sure thanks. rubble truck is been there from day one. Will check your details again and correct it. My panic button is on

Manxman in exile · January 23

2 hours ago, simeon1964 said:

LIST OF ATTACHMENT of this Counterclaim

24-01-22

1.     Attachment A - 2 Pages – GTM Piling receipt.-1 Rubble truck receipt-2

2.       Attachment B – One Page – 21^st Sept 2020 snagging list

3.       Attachment C – Two Pages – 26^th October updated snagging list

4.       Attachment D – Two Pages – Snagging list above

5.       Attachment E – One Page – Itemised Negligence/Damage

6.       Attachment F – Two Pages – The two priced quotes : 1- Cheshire Bespoke Limited 2-Leigh Handy Man

7.       Attachment G – Four Pages – Repairs to chimney-21/01/2022

8.       Attachment H- Five Pages - Hale Surveys inspection of 30/04/2021

9.       Attachment I – One Page Building Regulation Certificate. Dated 02/11/2020

10.   Attachment J – Contract agreement signed both parties for Projects 1 & 2

That looks ok - except...

In the particulars of counterclaim you want to use, aren't you referring to them as "Exhibits" rather than "Attachments"? You really need to be consistent throughout the whole document. You can't refer to them in the particulars as "Exhibits" and then list them as "Attachments". The judge will think you don't deserve to win if you can't produce this counterclaim in a sensible manner...

Also - in the particulars you have referred to "Exhibit 5" etc but here you are naming them "Attachment F" etc. Why?

I can't comment as to whether the descriptions etc and page lengths are correct as I can't see them - and I don't want to see them. That's your job to make sure it's correct.

But apart from all that... a corrected list like that will do, I think. See what others think. If they haven't all buggered off in utter frustration...

1 hour ago, simeon1964 said:

the para, 16 above you meant 15 above, is that right? ...

I'm not sure FTMDave is about to answer, but I think you are correct. I think the reference to para 16 in para 16 should instead be a reference to para 15. It's a typo.

Good spot.

1 hour ago, simeon1964 said:

... which of the paragraphs is the links to the quote and which to Survey report? you mentioned 16/17

I haven't a clue what you are talking about. Can you explain more clearly?

**FTMDave** · January 23

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.

simeon1964 · January 23

1 hour ago, Manxman in exile said:

haven't a clue what you are talking about. Can you explain more clearly?

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.?

1 hour ago, Manxman in exile said:

haven't a clue what you are talking about. Can you explain more clearly?

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.?

" 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

**FTMDave** · January 23

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.

simeon1964 · January 23

"A bit confusing" can you check please

(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 is £3,000 – Exhibit 1)

(b) the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above; Add in here the amount you are claiming for this item and also note which Exhibit supports this amount (eg £16,577.12 – Exhibit 2)

(c) the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above; Add in here the amount you are claiming for this item and also note which Exhibit supports this amount (eg £8577,12 – Exhibit 3)

(d) the cost of the steel beam referred to in para 14 above put down as estimated. Add in here the amount you are claiming for this item and also note which Exhibit supports this amount (eg £6,000 – Exhibits 4 and 5)

16k is total loss, but almost 4k is paid out from me , 18a and 18b might be looking a lot more than 16k which might confuse the judge if add 18c to it??

simeon1964 · January 23

1 hour ago, FTMDave said:

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

I will try my best. Don't have much choice

**FTMDave** · January 23

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?

simeon1964 · January 23

Particulars of Counterclaim