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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hi I had some building work done to my house, the work turned

Resolved Question:

Hi

I had some building work done to my house, the work turned out to be shoddy and not to specification, I have not paid the builder and sent them a holding dispute letter under the supply of goods and services act.

I then got a structural engineer to inspect the property and advise me and he also compiled a report which heavily supported my claim.

I also received a letter from the builders solicitor and I sent them a copy of this report, I subsequently found some correspondence between me and the builder which I then sent to the surveyor, he then in turn informed me he wanted to rescind the report as the new information drastically changes his report and he wants to edit and send another, he also told me not to sent the original report, which I already have.

Until I find out what has changed his stance should I contact the builders solicitor and say that the report in their possession is on hold until I liaise with my surveyor and await fresh instructions?.

Can you please advise me on how best to proceed.

Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.
What do I do now re the rescinded report that has been inadvertently sent to the builders solicitor, should I just say it's on hold and am awaiting further instructions from my surveyor?
Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  tdlawyer replied 3 years ago.
Hello, thanks for your question.

I can see you already have sent the report, which the expert now says he wants to amend.

However, can you tell me whether Court proceedings have been instituted yet please?

Many thanks

Tony
Customer: replied 3 years ago.
Hello, no court proceedings issued.
Expert:  tdlawyer replied 3 years ago.
Okay. Then at the moment, you're under no obligation to correct the report, and the risk to you in not doing so is really in respect of costs should the matter proceed to trial and the court conclude that your conduct was unreasonable. To be honest, by the time it gets to that stage, this kind of issue is usually long forgotten anyway.

It presumably wouldn't be the best idea for you to share the amended report, especially if it's going to go against you, and therefore the best thing to do is to keep quiet about that for the time being and hopefully negotiate an acceptable outcome in the meantime.

If court proceedings are issued, then you might consider a different expert, in the sense of having another bite at the cherry to try and get evidence that supports your case. So you could say, for now, that you are continuing to liaise with your expert as appropriate and that your case has been made clear and is set out. Then ask them to set out their position.

Tony
Customer: replied 3 years ago.
Hi

Thanks, at this stage I don't know how much the amended report will change, but he did say drastically, if this weakens my case considerably I would want just to settle and avoid things going further.

If this is the case should I just contact the builders solicitor for settlement and end the matter.
Expert:  tdlawyer replied 3 years ago.
Well, you could always ask another expert to comment, but if you trust your own expert and think he's giving you an honest appraisal now, then it's a good idea if he weakens your case to consider settlement quickly, yes.

tony
Expert:  tdlawyer replied 3 years ago.
is there anything more I can answer about this for you?
Customer: replied 3 years ago.
Hi, yes if my surveyors amended report still favours me but not as strong as the original do I contact the builders solicitor and disclose the amended report and continue to fight the case.
Expert:  tdlawyer replied 3 years ago.
Whether you fight the case depends on how weak the case becomes I guess. But, if it still favours you, that's promising. At least when you have to disclose it, and you will eventually, you will know that it still supports you and is an honest assessment of the issues affecting your case.

Tony
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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