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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My question is this -A contract case for unpaid monies on

Customer Question

My question is this -A contract case for unpaid monies on foot of works completed was taken within six years and within the six year then referred to arbitration by the courts - The defendant is saying that the claim cannot include items not mentioned in the initial claim even though these were works that were submitted for Arbitration within the six years.
Is he correct?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You are ONLY able to claim for sums in the claim form

Alex Watts :

So if there was a breakdown on the claim form then only these sums

Alex Watts :

If there were sums included at Arbitration that were NOT included in the original claim then these can NOT be claimed in the claim

Alex Watts :

This is because only sums included in the claim form can be claimed, unless the claim is amended

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-56j7ijss- :

Hi Alex,

JACUSTOMER-56j7ijss- :

I'm just going to read over the summary summons and come back to you but this is not good news

JACUSTOMER-56j7ijss- :

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.

Alex Watts :

Ok - it can only be those in the claim that can be sought

Alex Watts :

Does that help?

JACUSTOMER-56j7ijss- :

Alex,

Alex Watts : Yes?
JACUSTOMER-56j7ijss- :

Sorry not at all used to this so didn't see your replies before now.

JACUSTOMER-56j7ijss- :

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??

JACUSTOMER-56j7ijss- :

If you gone for the evening I'll check this tomorrow.

JACUSTOMER-56j7ijss- :

Thanks,

JACUSTOMER-56j7ijss- :

Cristin

Alex Watts :

You can not exceed the sums claimed no

Alex Watts :

Does this help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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