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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Hi, I have had an extension built. To cut a long story short,

Resolved Question:

Hi, I have had an extension built. To cut a long story short, all works have been completed with the exception of two items; the issuing of structural calculations (to me) used to gain building control approval and repair of a damaged pathway to the side of my house coursed by the scaffolding / increased traffic.
The builder agreed to issue the structural calcs to BC so they would sign the works off. This has been done and we have received BC certification. However the builder charged us extra for calculations, but hasn't provided us with a copy.
We have paid all of the invoices issued, but deducted the cost of the structural calculations (£350.00) and £500.00 for the path......today we received a county court claim from the build for the outstanding money........should we pay or argue our case?
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.

Were the calcs quoted as a separate item at outset?
Customer: replied 3 years ago.

Initially it was implied (verbally) by the builder that the calcs where included, however when it got to the end of works when calcs where needed, the builder said it was not included and would cost £350.00, which we agreed to pay

Expert:  Jo C. replied 3 years ago.
Thanks.

I cannot think for one moment why the calculations would be an extra cost unless they were actually stated in the original estimate to be extra and unless they were completely unforeseen requirement of BC which seems very unlikely.

He is contacted under the Supply of Goods and Services Act to build this extension at a particular price and it is reasonable to assume that in building regulations approval is required, that work would include the calculations. I would defend his claim.

If he damaged the driveway as a result of his truck going on and off, he is responsible for the repair of it in common law negligence and if it will not repair it or pay for it, you are entitled to those costs from him.

All you have done is offset what you believe is not due to him which is the cost of the structural calculation and also deducted the cost of the damage which is to the path.

You obviously know the full background detail based upon what you have told me, I would defend his claim. The judge will decide the issue and the worst that can happen if you lose is that you have to pay this money and a small amount of court costs which will be under £200

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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