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Looking for advice for family member.
He is a self employed engineer and has had one of his customers make a claim against him for some remedial work for a domestic installation.
Essentially, the installation was outside and a year later it partly sunk after some awful weather and needed some remedial work.
The customer decides to go and have somebody else put it right and not notify or allow him to inspect the installation nor put it right. The customer expects full reimbursement for the o work done and has made a claim to the small courts for that money.
The claim is being contested as the engineer feels he was entitled to go and inspect the work and would undertaken any necessary remedial work free for charge for the customer. He never agreed for pay for any remedial work by anybody else beforehand.
the claimant claims this has been done due to having no fair in the engineers ability to conduct the work.
The engineer has made a counter claim against the customer for costs incurred having to take time away from work to fight the claim.
The engineer has received a letter now proposing to discontinue the case if he also discontinues his counter claim. No explanation is offered as to why the sudden change of heart.
The engineer is now unsure how to proceed. This has caused a great deal of anxiety and the customer has been somewhat nasty and offensive in some correspondence. He doesn’t want to agree, have the case dropped and then have it brought against him again. He’d rather have his day in court and be done with it which ever way the court decides.
if he were to agree to it being discontinued and dropping the counter claim, he would want to so on the basis that the customer agrees that the matter it dealt with in final with no recourse to re lodge this claim. Is there a way this agreement could be made in writing before agreeing to drop the cases?
Would it be advisable to simply cut losses and accept the proposed discontinuance?
He is a self employed engineer and has had one of his customers make a claim against him for some remedial work for a domestic installation.
Essentially, the installation was outside and a year later it partly sunk after some awful weather and needed some remedial work.
The customer decides to go and have somebody else put it right and not notify or allow him to inspect the installation nor put it right. The customer expects full reimbursement for the o work done and has made a claim to the small courts for that money.
The claim is being contested as the engineer feels he was entitled to go and inspect the work and would undertaken any necessary remedial work free for charge for the customer. He never agreed for pay for any remedial work by anybody else beforehand.
the claimant claims this has been done due to having no fair in the engineers ability to conduct the work.
The engineer has made a counter claim against the customer for costs incurred having to take time away from work to fight the claim.
The engineer has received a letter now proposing to discontinue the case if he also discontinues his counter claim. No explanation is offered as to why the sudden change of heart.
The engineer is now unsure how to proceed. This has caused a great deal of anxiety and the customer has been somewhat nasty and offensive in some correspondence. He doesn’t want to agree, have the case dropped and then have it brought against him again. He’d rather have his day in court and be done with it which ever way the court decides.
if he were to agree to it being discontinued and dropping the counter claim, he would want to so on the basis that the customer agrees that the matter it dealt with in final with no recourse to re lodge this claim. Is there a way this agreement could be made in writing before agreeing to drop the cases?
Would it be advisable to simply cut losses and accept the proposed discontinuance?
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