Builder made a claim - We counterclaimed. He's gone silent - what do you think?

[NM8]

Long story short in built points.
Dodgy builder. Awful work.
We'd paid 80% with about 20% of the work left to do. We told them to keep the money paid so far and go away. Put it down to a learning experience.
6 months later they came after us with a claim for the remaining 20% (there had been a letter before action but we stood our ground).
We instructed a surveyor and uncovered serious faults that until this point had been hidden.
We countered.
They got their own surveyor - it was a hatchet job but it boiled down to a structural issue. Their surveyor passed the buck claiming he "thought it was alright but i'm not a structural engineer".
We appointed a structural engineer.
It was not alright.
They appointed their own structural engineer who inspected the property 2 months ago. We've heard nothing since, despite requesting a copy of the report and repeating a very generous part 36 offer.
I'm guessing their SE's report was not in their favour and confirmed what we already knew.

Question 1: Are they obliged to disclose the report if the case progresses?
Question 2: If their structural engineer (SE) discovered something seriously wrong that wasn't picked up previously are they (the SE) under any obligation to inform us that our property is unsafe?

[dslippy]

1 No - but you can ask the court to order it to be disclosed. They do not have to make the order.
2 No

[Manxman]

Is your counterclaim claiming back all or any of the 80% you paid?

[atticus]

Before you go any further, you must decide whether your are going to accept the Part 36 Offer. This is urgent. Make sure you understand the risk you run if you decide not to accept.

Hint: if the consider the offer "very generous", take it!

[dslippy]

I thought the OP made the offer

[atticus]

Oops, sorry. You are right.

The Court should set a timetable, which will include exchange of experts' reports if it gives permission for expert evidence.