Dave Support Worker
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I knew it wasnt a good idea having them back, nearly finished, measurements checked and wrong again. Back to rip out 25% and re-do.
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Well they turned, on the very last day allowed by the order, could cut the atmosphere with a knife. Demolition underway. Still not convinced they have the necessary skill to do this properly, or if they do will they, but that will be up to the legals to argue about if I am not satisfied with the result. Disappointed with other sides sol, very awkward and sneaky, missing letters and late replies etc, probably to be expected though.
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Payment is on completion of job to my satisfaction, that's about it, but with set time limits for completion.
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OK thanks for that, I think understand how this would work if it was purely a financial issue, for example say I owed a bank £100, order said pay £1 a week and I didnt then I would have breached the order and they could ask for the outstanding balance. But in this case if he either doesn't stick to the timescale or doesn't complete the work as per the order he is in breach, how would this be enforced?, would the court just order him to carry out the work, or dismiss his claim for the payment for the work? Just thinking worse case scenario at the mo, Mr Positivity me
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His sol drew one up on the day, I got mine to amend it giving more specific dates where things should be done, was re-written with amendment and signed and filed (or whatever its called). Thanks for putting my mind at rest. I assume if its breached then the original action re-starts? Could I also assume that as he has agreed to rebuild this would be taken as an admission of guilt in some way, or is that too simple?
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And the more I think about it the more concerned I get that I may have been too hasty accepting the compromise.
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Well that was reasonably stress free. Apart from their sol saying they had sent ours stuff late yesterday, they never received it, also not forwarding other paperwork as they should, sneaky. Judge was fair and obviously wanted the minimum input from sols (as you lot said previously), also hi-lighted the legal costs of going to full hearing could outstrip the claim. Now this wouldn't have affected me as all my legal stuff is paid for but wisely I didnt say anything, didnt want to sound smug. Told to go and talk about it with builder and sols. Result being Tomlin Order now in place giving builder x amount of time to demolish and rebuild the job to correct spec and to my satisfaction. Dropped small part of my claim with regard one issue as according to my sol it was pretty much a non starter as his word against mine, tend to agree with them on that. So fairly happy, its going to be dam awkward having them back but my sol pointed out that if they breach any of the conditions they are in deep doodoo, whatever that is. So the stress probably isnt over yet, time for the next round of the fight. Now one of you clever people is going to tell me the Tomlin is probably a bad idea?
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OK thanks, have prepared a pack inc reports on errors, photos and quotes to fix. Fingers crossed he just doesn't turn up (if that helps me?) but we shall see. Once again, appreciate the input from everyone.
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OK, I shall have to put something together pdq, Sol told me not to bring anything. Better safe than sorry I suppose. And King1234, I am reliably informed (too late obviously) that they are cowboys, job looks fine for a while but soon deteriorates, I was lucky that I have a very small amount of build knowledge and did a lot of googlesque research during and after the work.
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Apparently I dont need to take anything to the prelim, just attend. Oh and areas of the build are already failing, cracks and movement to floor. I knew I wasnt going mad.
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So on it goes, Notice from the Court of preliminary hearing, to consider special directions with regard the report detailed above as it was in the Directions Questionnaire. Sol will be attending! Anything you think I should be doing to prepare for this?
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You are all as always correct. The report I have is from a well respected medium size local company, initially came to look at the work and quote for fix/rebuild but went the extra mile and visited twice with more staff to measure up photo and draw plan of areas and faults. An expert report it is not, but it should show the judge the initial build is wrong. Unfortunately other things in life are a greater priority at the moment.
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Have a reasonably detailed report with drawings from a local trade. As to whether it is allowed then who knows, it will be with me on the day along with all the other paperwork just in case. I fear it is going to be decided by whoever is best on the day infront of the judge.
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Thanks for taking the time to post, it is a shame that the judge could not or would not see sense. You are right an expert witness would probably seal the incompetent builders fate but I have been told £700+. I am hoping the reports I have from reputable trades will suffice. The sol hasnt mentioned expert witness, I shall have to think about this.
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Allocated to local court. No reply received to letters sent to claimant regarding defence. Slow
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