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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We engaged a building company to manage and build a single

Resolved Question:

We engaged a building company to manage and build a single storey extension plus create an ensuite. In doing so the plumbers who our contractor sub contracted flooded sections of the house, devastating my home office and damaging 2 other rooms plus an external wall. In addition the room to the new extension is leaking in a number of places and causing damage which means we will need to pay for redecoration. The damage in the study has caused tremendous stress, I work from home and am finding it difficult to do so. A lot of personal items were also damaged in the flood, many of sentimental value, including a gift from my deceased father. We owe them some money for the installation of windows and are reluctant to make any payment in view of the above. Where do we stand?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What is the value and were you insured please?
Customer:

Yes we are insured. A claim is being made through the sub contractors insurance. The value in terms of contents is around £3000. The cost of repair to the room's is unknown, the office needs completely gutting, re-plastering, new picture rails, skirting boards, doors and frames. The actual extent of the damage wont be know until they strip the existing plaster back . Unfortunately the leak was from a hot water pipe which was leaking for hours (during the night) before I found it the next morning. An estimate is yet to be obtained.

Alex Watts :

If a claim is being made on insurance, I am not entirely sure what your question is?

Customer:

Can we withhold the money we still owe until we have a satisfactory resolution?

Alex Watts :

Yes indeed, but only the actual cost you have incurred.

Alex Watts :

They are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 as they have failed to act with all reasonable skill and care and they have been negligent.

Customer:

what can we do about this breach?

Alex Watts :

You can sue for loss and damage if you have not insurance.

Alex Watts :

And distress caused.

Alex Watts :

But it should go through your insurance first

Alex Watts :

Then once that matter is settled you could sue for stress caused etc.

Alex Watts :

But I would let your insurance resolve the matter first.

Alex Watts :

Otherwise things could get confused.

Alex Watts :

Can I clarify anything for you?

Customer:

. Are we ok to withhold the money until we have a response from the insurance company and the damage has been fixed and all work has been satisfactorily concluded e.g. repair of office leaking roof and the damage that it is causing. There is also an issue with my work, I work from home and I no longer have an office would I include the problems this has created if we sue for stress etc.

Alex Watts :

Yes I think you are ok to do that.

Alex Watts :

Yes it would include stress etc.

Alex Watts :

Is that helpful?

Customer:

Yes thank you

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer:

One final point, looking through your response I couldn't locate anything on the issue regarding their terms and conditions. Can they apply terms and conditions we have never seen or been made aware of?

Alex Watts : If you have never signed or agreed to their terms and conditions no. Any terms and conditions must be incorporated at the point of contract. They can not be incorporated later.
Alex Watts : Does that clarify?
Customer:

That's great thank you

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