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I would like advice about drafting a letter to a claimant ahead of mediation asking him to consider new information into our negotiations.
I am the defendant in a small claims court case brought by a builder against me. I delayed payment due to poor workmanship and explained that I was getting quotes to repair damage as a result of his work and would pay him the balance once the best quote received. The claimant brought the claim about 10 days after he completed the work. We have pre-court mediation (arranged through small claims court) this week.
I since discovered that the claimant is likely to have also done deliberate damage at our property when returning to rectify one of the issues. This was witnessed by another contractor. And there is also possible evidence from the previous home owner. I believe that the builder's actions may be criminal damage.
I would like to let the claimant (the builder) know that this has come to my knowledge. I do want mediation to be successful and not bring a counter-claim or possible criminal proceedings. But I do think that the claimant does need to be made aware at this stage of what has come to my attention. Any advice / suggestions / comments would be most appreciated.
I am the defendant in a small claims court case brought by a builder against me. I delayed payment due to poor workmanship and explained that I was getting quotes to repair damage as a result of his work and would pay him the balance once the best quote received. The claimant brought the claim about 10 days after he completed the work. We have pre-court mediation (arranged through small claims court) this week.
I since discovered that the claimant is likely to have also done deliberate damage at our property when returning to rectify one of the issues. This was witnessed by another contractor. And there is also possible evidence from the previous home owner. I believe that the builder's actions may be criminal damage.
I would like to let the claimant (the builder) know that this has come to my knowledge. I do want mediation to be successful and not bring a counter-claim or possible criminal proceedings. But I do think that the claimant does need to be made aware at this stage of what has come to my attention. Any advice / suggestions / comments would be most appreciated.
