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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A building engineer has twice supplied incorrect drawing for

Resolved Question:

A building engineer has twice supplied incorrect drawing for an extension we have planned. Do we have an obligation to pay for these drawings?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Do you know if he received the request not to proceed?

Customer:

We tried to ring on numerous occasions without success and he did not respond to our text. The second lot of drawing supplied are still incorrect.

Ben Jones :

has he asked for payment?

Customer:

Not as yet- He originally said that he would bill us after he had send drawings to building control at the council

Ben Jones :

Do you know their approximate value?

Customer:

£300 for his fees plus about another £700 for building control- We told him at meeting not to submit to building control as they were incorrect.

Ben Jones :

were they submitted?

Customer:

Not as far as we are aware. We only received 2nd lot of drawings through letter box on Saturday

Ben Jones :

You certainly have an argument that you should not have to pay for this person’s services due to the fact they have been incorrect on more than one occasion. After all you requested a specific service and certain implied expectations would come with that, such as the reasonable quality and accuracy which you could expect from a reasonable professional in his position. It would be important to consider why the drawings were not accurate, such as if it had anything to do with you, for example if you gave him inaccurate figures or other information, but if this is an issue which is related to his competence as a professional buildings engineer then you can state that you have lost confidence in his abilities and that you would no longer require his services.


 


Once counter-argument by him may be that you should have given him the opportunity to rectify the errors before terminating your relationship with him but if there were continuous errors and this led you to quickly lose your confidence in him then you could swing it back in your favour.


 


Whilst you have contacted him by text to cancel the agreement you had with him I would suggest you make attempts to contact him to formally advise him of your intentions and receive some type of acknowledgment, at least that he has received your request.


 


In terms of paying hi, if he is adamant that you must do so then the only way he can force you to do so if he goes to court and wins. It is probably a 50/50 as to whether he goes that far and even then you still have a chance of successfully defending this and paying nothing. But even if you lose all you will have to pay is what he has claimed for the drawing and a bit extra for the court costs – you will not have to pay his legal fees.

Customer:

The errors that he has made on two occasions is the location of an existing supporting wall. He has also included incorrect dimensions for the new build. Given that we could have have incorrectly supplied tdo we have a better case. Does the possibility of going to court affect our credit rating as this will affect our ability to borrow money to pay for the extension. We have also never signed any contract so does this give us a stronger position.

Ben Jones :

the fact no written contract was in place does not change much as an implied contract would still be in place. As to going to court, then it does not affect your credit rating, but if you refuse to pay then it can be entered on the register of CCJs and then it may become a problem, but if you pay then nothing happens

Customer:

How do you recommend that we proceed in informing him again that we do not wish to proceed/ Shall we write to him (his email quoted is incorrect) returning his drawings?

Ben Jones :

use whatever methods you have, if you have a correct email or a postal address - use either or both. Or if you know where he lives you can just hand deliver a letter

Customer:

Thanks- system wouldn't let me reply initially

Ben Jones :

you are most welcome

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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