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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is a court hearing following the failure of a builder to carry

Resolved Question:

Is a court hearing following the failure of a builder to carry out works as per mediation agreement the same as having taken the builder to court to sue for full costs
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I do not quite understand - are you saying if the builder breaks the mediation agreement can you sue and claim legal costs please?

Customer: The builder who was paid almost all money up front on demand with a month of starting work left us with unfinished, poor and dangerous work (he did not have gas network authority, a qualified electrician and boiler fitted without qualified person.). Solicitor we used appears to have been working with builder giving us bad advice. Mediation was done without our input and although we disagreed with the content and time scale we were told we must agree to it. We had to make an official complaint about the solicitor as when asked to get this to court after judge through it out at the hearing he told us "we just want revenge". This builder is still working he is also in the TA, he bought and sold a nightclub and pub during the time of us seeking legal action. We are still living with not a room finished and we are now pensioners and we just do not know what to do now.
Alex Watts :

Ok - what was the outcome of mediation please? Was there a settlement reached?

Customer: No settlement reached as builder did not carry out works according to survey and did not turn up for weeks . He also argued with us and the site manager as he refused to carry out the work on report.
Customer: We need to know where to go from here. We did everything right but have been let down by the legal profession.
Alex Watts : Ok, but has it been to court?
Alex Watts : Was there a court hearing?
Customer: There were 3 hearings and the final hearing through it out as Solicitor did not have paperwork in order, paperwork missing and he said the mediation agreement was not worth the paper it was written on.
Alex Watts : Ok so what happened at the final hearing?
Customer: The judge told the builder to carry out the work. The second hearing he instructed us to get a site manager as the builder continually argued and refused to do work as per report. The third hearing is mentioned above.
Alex Watts : Ok. Did you get a court order instructing the builder to do the work?
Customer: I am sorry I think I am going round in circles here. The first hearing told the builder to do the work. The builder never did and caused us a lot of stress prior to the 3rd hearing we made it clear it had failed hence the judge saying the mediation was not worth the paper it was written on telling us to get the work done and sue the builder for everything. Please I just want to know is by having court hearings the same as suing the builder in court?
Alex Watts :

No.

Alex Watts :

Unless you sued the builder and the Judge said you are entitled to £x in damages it is not the same.

Alex Watts :

If the builder breached a Court order, ie the Judge ordered him to do the work you can enforce that

Alex Watts :

But this does not stop you seeking damages against the builder

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you I think I understand we can now go forward and sue the builder to get the work done.

Ash and 2 other Law Specialists are ready to help you