Mediation

[Pezza54]

Had the terms of the JCT Contract been followed not only would 5% of the value of finished work been withheld but unfinished work would not have been paid for
Have you considered making a claim against the contractor for not completing the contract and for defective work or for latent defects that may appear?

[Smither53]

Pezza54

Yes agree with that, ive learnt a lot about it since sadly, too late on the money side.

This is what the survourys report picked up, that the contact was in favour of weight of the builders, and who supplied the contract and did the terms... the architect...

Had we know we needed a CA we would have employed one, the contract supplied was not fit for purpose - again all leade by the architect - im. not an experct in the building world, this is there field not mine im guided by them - but sadly very wrong guidance.

[Smither53]

Pezza54 - yes that is my next step, but im pushing on the door of the arcitect at the moment (on thing at a time) - as you say

"not only would 5% of the value of finished work been withheld but unfinished work would not have been paid for"

And the reason it was as we were missold the contract, and it was kept away from us at a crucial time, this arcitect knew what was going on, he had 5/6 other people they were working with them all who have suffered losses.

[Pezza54]

Yes you are right. One step at a time
I just think it will be easier to win a breach of contract claim against the builder than a professional negligence claim against the designer
Your expert witness surveyor, already onboard, could produce a Scott Schedule listing unfinished work and defects with a column for inserting prices to complete the work and make good defects.
If the surveyor is IT competent he or she should be able to use Excel for the spreadsheet and embed photographs

[Smither53]

Pezza54 - thanks for your help so far - I have lots to take on board and think about approach - i've not been in touch with surveyor for a while now, but his report is very good - i have someone else looking over my paper work and offering advise as well, but wanted to get it out there from people like yourself. Lots to think about.

I can produce a Scott Schedule listing, as have had to do work myself and pay others to continue.