Suing my builder

[MCBIRNIE25]

Hello all,

 

I was hoping to get some advice from the good people on the forum.

My partner and I purchased a home in March 2011, a new build property, signed sealed etc etc.

However, a month later, the builders decided to put a walkway going through to a main road to give access. This adversely affects my property. My questions are as follows:

 

1) As it was not on the final plans when we signed the contract, and we received no notice of this walkway is this a breach of contract?

 

2) The walkway is not on the FINAL plans lodged with the council. Although when i rang the Council planning office, i was told that the builders had been told to put this walkway in to the development. Should this not have been picked up by solicitors doing a local search?

 

Ultimately, we would never have bought this house if we has knew about the walkway. The information has been, we feel, deliberately withheld and has ruined what was our first home together.

 

We would like to go to a solicitor, but can't afford it at this moment in time. I was wandering if anyone had any suggestions/comments?

 

Kind Regards,

 

McBirnie25

[Kraken1]

i think it is ropey - they should have delivered the house on the plan. Talk to the solicitor that did your conveyancing and ask them why he did not tell you about this change - you'll probably find that he inadvertently gives you free advice whilst explaining that it wasn't his fault and that he didn't miss something...

[MCBIRNIE25]

Hi Kraken,

sadly, said solicitor is refusing to communicate on issue.

[Kraken1]

so he's looked at it and realised he's screwed up. A stern letter threatening action against him might be required.

[MCBIRNIE25]

Hello all,

i recently took legal advice against my builder. Our property, which is a new build, has not been built to the specifications we signed off on on the contract. My solicitor and barrister both agree we have a case, and we have the case law to back it up.

However, I am now at a loss. I have run out of money and can't take this through to the court case and having spend near 9 grand in legal fees have no idea where else I can turn. Does anyone have any advice?

[Conniff]

You can become a litigant in person. Get all your evidence in a bundle laid out chronologically with the supporting evidence and present it. There is a duty solicitor at every court you can call on for assistance when you get there.

[raydetinu]

don't forget to add your costs to the amount you are seeking in damages.

You must have a final sum you are seeking on which any judgement will be made. and all the evidence and costs to back that up.

[MCBIRNIE25]

Some good advice, terrified at thought of representing myself, but on plus side the file is already in chronological order. Solicitor did that for me before I ran out of money.

Do i need to issue a Letter Before Action?

[steampowered]

If you have a very strong case you may be able to find a solicitor to take on a conditional fee (no win no fee).

[Conniff]

Yes, always send a LBA to give them the final chance and to know that you are serious. Give them a deadline in which to respond favourably or you will take action without further notice.

[raydetinu]

you should always keep lines of communication open and make the claim direct first and if possible be open to offers of settlement. however when all else fails or they prevaricate then take it to court.

this type of action goes down well with courts and shows you have tried to reach a settlement.

[postggj]

Did you not take up the opportunity of ADR before instructing barristers etc

[MCBIRNIE25]

What's ADR?

[postggj]

Alternative dispute resolution (ADR)

[postggj]

Civil cases are governed by the civil procedure rules. These rules are there enable a court to deal with cases quickly and justly. These rules have now been updated to encourage and facilitate the use of ADR in case management. ADR is not compulsory but if the court considers that the case might have been settled before litigation in front of a judge through ADR, and the claimant refused this service, the claimant may be subject to the defendants costs, even if the claimant had been successful in winning their case.

 

Susan Jane Dunnett V Railtrack PLC (2002) 2 A11 ER 850

 

So always consider ADR in any court action, and you will be very wise to consider ADR if the judge recomends it

[MCBIRNIE25]

Hi Squaddie,

I would be happy to consider ADR if they wish to sit down and talk about it. How do i get them to attend ADR though? I have no funding for a solicitor.

[postggj]

When you issue a claim through the civil courts, there is a section which will ask if you will consider this matter be settled through ADR. I need to check though if the ADR request is on the N1 claim form, or the Allocation questionnaire which the court sends next. It will be beneficial to accept ADR just in case the defendant refuses, it will show you are being reasonable

 

Be warned though, ADR has its negative, as well as its positives points such as it favours the wealthy party and the victim may be pressured to settle for less than they requested. The dispute will be settled. A claimant can still withdraw from ADR at any time if he wishes, and go through the normal court process if a deadlock is reached

[MCBIRNIE25]

Hi Squaddie, thanks for that, very useful to know

[Ganymede]

You can become a litigant in person. Get all your evidence in a bundle laid out chronologically with the supporting evidence and present it. There is a duty solicitor at every court you can call on for assistance when you get there.

 

 

 

Not in the civil courts there isn't unfortunately.

[Ganymede]

When you issue a claim through the civil courts, there is a section which will ask if you will consider this matter be settled through ADR. I need to check though if the ADR request is on the N1 claim form, or the Allocation questionnaire which the court sends next. It will be beneficial to accept ADR just in case the defendant refuses, it will show you are being reasonable

 

Be warned though, ADR has its negative, as well as its positives points such as it favours the wealthy party and the victim may be pressured to settle for less than they requested. The dispute will be settled. A claimant can still withdraw from ADR at any time if he wishes, and go through the normal court process if a deadlock is reached

 

 

 

It's on the Directions Questionnaire (formerly Allocation Questionnaire).

[steampowered]

There is a similar thread in the legal issues forum which you might like to read: http://www.consumeractiongroup.co.uk/forum/showthread.php?390458-Cowboy-builder(2-Viewing)-nbsp

[ukaviator]

Check with your house insurance policy it may carry the legal cover you require to take this on. I have been battling for 3 years with a landscaper who will not come back to put things right. I have a court date in July, a 2 day trial. My home insurance covered most of the cost after I paid for expert witness reports.

 

Also did you try NHBC as its a new build?

 

http://www.nhbc.co.uk/Warrantiesandcover/Homeowners/Problemswithyourhome/

[MCBIRNIE25]

Hi, my insurance didn't have legal cove.r I did check that.

I went to the NHBC, who insist it is a contractual issue, so don't want to know, even though I argued with them that structurally altering the building according to the plans is not a contractual issue, but a BUILD ISSUE.

They refused to go near it though.

[steampowered]

In that case you are at a crossroads. I guess the next step is to write a formal 'letter before action' setting out why you believe your builder was negligent and/or in breach of contract and what you want them to do to put it right.If you don't get a good response to that, you will need to decide whether to let this one go or whether to bring proceedings.

 

It is perfectly possible to sue the builder yourself, although it will involve a lot of work and will be stressful. If you are claiming more than 10k you will be ordered to pay the builder's legal costs if you lose (though can claim 18quid an hour for your time if you win). I guess it depends on two things.... how strong your case is and what evidence you have to support it, and whether you are are ready to put the hours in and deal with the stress involved in litigation.

[MCBIRNIE25]

Hi Steampowered, yes, I will do a LBA as my next step. I believe my case is very strong. In a formal response to my solicitor, they stated they put the gates on wrong due to Health and Safety reasons, when actually, there is a whopping big drain, which isn't on the plans right where the gates would have been situated. So they have lied in writing to the solicitor.

I would take out after the event insurance to covertheircost if needed.

Edited June 11, 2013 by MCBIRNIE25
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