Hello my name is ***** ***** I will help you with this.
You are ONLY able to claim for sums in the claim form
So if there was a breakdown on the claim form then only these sums
If there were sums included at Arbitration that were NOT included in the original claim then these can NOT be claimed in the claim
This is because only sums included in the claim form can be claimed, unless the claim is amended
Can I clarify anything for you about this today please?
I'm just going to read over the summary summons and come back to you but this is not good news
The summary summons served was for a total amount. The chance to amend the claim wasn't there as the defendants had moved into the house before the balance monies were paid or proper measure on variations could be taken. it was in going to arbitration that the works would be measured and to date thus far we have not had a site visit to determine the works.
Ok - it can only be those in the claim that can be sought
Does that help?
Sorry not at all used to this so didn't see your replies before now.
The claim amount was for the balance of the contract price. The measure is in excess of this at present. So from what you are saying we cannot exceed the claim sum but we can proceed with the arbitration only accepting items that make up the sum??
If you gone for the evening I'll check this tomorrow.
You can not exceed the sums claimed no
Does this help?
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