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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Good MorningWe had a new kitchen extension built last year.

Customer Question

Good Morning

We had a new kitchen extension built last year. The ground works and building works were carried out by the same builder. The Kitchen flooring was purchased by ourselves but laid by the builder.

After a few weeks we noticed that the kitchen floor was lifting in a few places - it is a quickstep laminate floor and the joints were coming apart. We contacted the builder and he advised that it is not his problem as he did not supply the flooring, he only fitted it.

We therefore contacted an independent Quick Step Installer who came and had a look at the floor. His report confirms that there is nothing wrong with the flooring - the problem has arisen because when the builder laid the new screed floor when he built the extension it was not laid level - in some places it is 1.5cm out. The whole floor needs to come up and be re screeded and new flooring laid.

Obviously we will be looking to the builder to cover this cost - which will be £4000 (it is a very large area). Do we have to give him the opportunity to rectify the problem - as we have very little faith in his ability to do so or can we just ask him to pay for the works to be carried out by a new contractor. We have the report from the independent flooring expert and will be sending a copy to the builder.

I look forward to hearing from you.

Many thanks

Erika
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and 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 : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy. If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court. The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. Can I clarify anything for you about this today please?
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’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer :

Hi - you gave me advice previously and I took your advice and issued a county court claim against our builder. Paperwork has been going backwards and forwards and the court decided that we had to agree on an expert to provide a report. This was done and the report agreed with our claim. All the paperwork was sent to the county court and a hearing date was set of 31st July. I was unable to attend due to a pre booked holiday and has the court had all the evidence and paperwork I presumed that I did not need to be there. I received a letter from the court this morning advising that as I had not attended the case was dismissed. Can you advise if I can restart the case again or have I lost my chance? I was not aware that I had to attend the hearing.

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