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Advise on suing builder, unspecified amount or specified?

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  • Advise on suing builder, unspecified amount or specified?

    I want to sue my builder for issues with damp roof, I understand the procedure is to get 3 quotes from builders to remedy the problem however there could potentially be hidden defects such as rot inside the roof caused by the damp.

    Do I sue for an unspecified amount and apply for an expert witness to figure out all the issues and then get the quotes from builders? Or do I get a builders quote from the beginning and sue for the specified amount?

    Many thanks
    Tags: None

  • #2
    Maybe this will help influence your decision. If you claim an unspecified amount, the fee for issuing a claim is a flat £10,000. Can you afford that?¬*
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    • #3
      Originally posted by R0b View Post
      Maybe this will help influence your decision. If you claim an unspecified amount, the fee for issuing a claim is a flat £10,000. Can you afford that?¬*
      I believe my claim will be under a certain amount so I only need to pay for that bracket

      Im confused on how to proceed. If I sue for unspecified how do I explain to the judge my position that there could be hidden defects? And will I be reimbursed for the expert witness? How do I explain I prefer a expert witness to check for any hidden defects in damp?

      If I get a builder to make ventilation to stop damp, there could be hidden rot etc,

      maybe it would be easier to get quotes from builders and ask in the quote for them to fix "every" issue related to the damp and sue for the specified amount..?

      Wouldn't it be more appropriate to have an expert witness which diagnoses all the problems, and then get a quote based on the expert witness?

      please advise
      Last edited by Jasonands; 28th June 2020, 15:19:PM.

      Comment


      • #4
        Hi there

        The problem is you can only rely on an expert witness report with the Courts permission. Notwithstanding this, you could in theory instruct a surveyor to prepare a report on the works, and give you an indication fo the works needed to resolve the matter, then you could get fee estimates which will give you the likely amount you will be claiming for.

        Have you complied with the pre action protocols? You must do so before you issue and it seems to me you will need the expert to provide the report before you can really give the other side the chance to put these issues right
        I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Ptilley@wannops.com .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          If I get my own expert they could argue the expert was biased so i would prefer a single joint expert¬*

          How do I suggest to the judge that I would want a single joint expert? Do I write in the Partilcuars of Claim or Witness statement? And should I give technical info as to what I think is the cause of the defects?

          Comment


          • #6
            Originally posted by Jasonands View Post
            If I get my own expert they could argue the expert was biased so i would prefer a single joint expert¬*

            How do I suggest to the judge that I would want a single joint expert? Do I write in the Partilcuars of Claim or Witness statement? And should I give technical info as to what I think is the cause of the defects?
            I think the biggest worry i would have, and i speak from direct experience of this on another building dispute i dealt with, is if you go firing off a claim, and you dont have the expert report to guide you on the works, you risk the danger of making a mess of your case and if you issue a claim for an amount that turns out to be too low, say for example you think the place just needs repainting when in fact the whole place needs underpinning, then you would have to amend your claim you would have to bear the costs of this and you would also get stung for the costs of the opponents too.

            Its better to get the details now what you need, rather than leave it to chance
            I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Ptilley@wannops.com .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment

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