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Hi, we are about to issue a pre-action letter for a claim of £5000 (figures from surveyor) for a builder who walked away and left us with shoddy work. Question is: when we applied for small claim proceeding, can we claim for more than £5000, if the rectification work costs more? Unfortunately, it will take time for us to receive quotes from other traders, as no one is willing to take over leftover work and rectification work is complex. Any advice would be appreciated. Thank you in advance!
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In your pre action letter you can say that once you have the quotations you will be able to confirm the full amount of your claim.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf -
Hi
Sorry to read about the problems you are facing caused by an incompetent builder.
More info is required to provide useful advice
Have you paid for a detailed surveyor's report that identifies the rectification work and new work required to complete the project?
Has the surveyor priced items of work individually or just a quick estimate? £5k sounds like a quick estimate.
Did the contract with the original builder include a detailed quote?
Have you or do you intend to change the content of the work from the original contract?
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
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If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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