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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am having my loft converted and there has been a problem.

Customer Question

I am having my loft converted and there has been a problem. The architect miscalculated the size of the stairs in his original design. By the time the joiner came to measure up, the main steel joist had been fixed in place, meaning there was no room for manouevre. The result is that to comply with building control, we now have a landing jutting into the middle of the room and taking up 1/6 of the floor space, and blocking natural light from reaching the area behind it. I have a site meeting with the md of the firm - a large reputable specialist in london - and would like to know my rights. He has said by email that the firm has made the best possible use of the available space, but i disagree. Who can help? Thankyou
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 : What is it you want to achieve please?
JACUSTOMER-wjj9elzh- : A sensible and fair resolution to the situation outlined in my original question.
Alex Watts :

Do you know the cost of making good the work please?

Alex Watts :

Have you had a second opinion on the design etc?

JACUSTOMER-wjj9elzh- : - around 2 days work, plus cost of new staircase - id imagine between 2-3k.
JACUSTOMER-wjj9elzh- : - we have not had the design inspected by a 3rd party yet - were only able to view it ourselves at the weekend for first time.
Alex Watts :

Ok - you need to get a number of quotes for getting the work done, this forms your loss. You have to use the cheapest to mitigate any loss

Alex Watts :

You should to write and set out your losses and ask for a payment within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

The Court will then issue the claim which will be sent to the seller and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-wjj9elzh- : The work is ongoing. By lodging legal proceedings in the first instance i would damage the relationship with the firm. I would prefer to be able to point to a law - the equivalent of the misrepresentation of goods - which specifies the degree to which the finished project should replicate the architects design. As far as i can see, there is no equivalent but there must be, or builders could consistently promise to build one thing and demand payment for something utterly different.
Alex Watts :

Well its not that because they are providing a service

Alex Watts :

You need to quote Section 13 of the Sale and Supply of Goods and Services Act 1982 - one has a duty to act with all reasonable skill and care.

Alex Watts :

But you have 6 years to bring a claim from time of breach, so no hurry

Alex Watts :

Does that clarify matters for you?

JACUSTOMER-wjj9elzh- : ill take a look at the act, thanks for pointing in that direction,
Alex Watts :

Its here:

Alex Watts :

http://www.legislation.gov.uk/ukpga/1982/29

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/

Alex Watts :

Please remember to leave feedback before you go today

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