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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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on 15/01/2013 I have breached a house refurbishment contract

Resolved Question:

on 15/01/2013 I have breached a house refurbishment contract which was £40000 in total. I had paid the contractor £12500 which was the work carried out for him.
The amount of work left from the point of termination of contract has been confirmed by quantity surveryers to be £27500.

I met with contractor today. He advises that his solicitor sent me correspondence for breach of contract and claiming £27500 compensation however; I have not received any communication from the contractors solicitor. He refuses to give me his solicitors address but provided me with name, telephone number and a reference number

During the meeting Contractor said he is willing to complete the remaining works I pay £27500 compensation plus £27500 to complete. Bringing the total project to £67500.

This I feel is unfair; assuming he is entitled to compensation - isn't it a bit too much. I have just retired and it would put great deal of strain on my finances.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Why did you terminate the contract in the first place and was the termination done in accordance with the contract provisions on termination?
Customer: replied 3 years ago.

The contractor isnt at fault and there wasn't any formal contract just a work schedule with payment dates on it

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

The contractor may be calling your bluff if you have not heard anything from his so called solicitor even though he says you should have heard something by now.

He would need to justify why he is seeking £27500 compensation and it is very unlikely that the courts will grant him that much money as he would need to show his losses and the fact that he took steps to mitigate his losses as a result,of your breach of contract.

It is a commercial decision for you to take, you may either negotiate a full and final settlement with him of say £10K at most if he is able to justify his claim e.g. Show to you that he turned down other work, bought materials which could not be used for other work etc

And then decide whether to engage him to complete the work or some other contractor.

Hope this helps. Please take a second to leave feedback
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Customer: replied 3 years ago.


Do I ring his solicitor for a copy of the letter?

Expert:  UKSolicitorJA replied 3 years ago.
I would advise you not to do so and to wait until you hear from them.

Remember they will claim the maximum amount and try and intimidate you into paying up whatever they are asking, on the other hand, you may also appoint your own solicitor to defend any claim they bring if they do not settle with you by accepting a far lesser amount.

All the best
Customer: replied 3 years ago.

many thanks for your help it appears that I will need to seek legal help locally. I can also see that the contractor may be trying it on because he is aware that I have been paid my pensions lump sum.


many thanks all the same

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

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