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This question follows on from the previous question regarding our dispute with the builder.
We have now received a report from our surveyor which confirms that the workmanship is to a very poor standard. We have sent the builder a copy of the Conclusion to the report and said that we will be obtaining estimates to rectify /redo the work. This includes re-laying the kitchen floor and re-hanging the tri-fold door from the conservatory. We believe that both these items will cost in excess of the money he is still claiming from us. We are very angry on a number of counts: we now have to pay to have all this work redone, we have to close our establishment again while the work is being done, incurring loss of revenue and inconvenience for our customers (at a particularly busy time of the year when we already have a number of functions lined up). Can we sue this builder for damages?
Thank you for your response. I have sent an extract of the Surveyor's report (The Conclusion), which confirms the poor workmanship. The builder is demanding to see the whole report. I don't want to send him this. Do I have to? We now intend to get estimates for the work which needs to be re-done, but how do I quantify damages, eg having to close our establishment for the time the work takes, loss of income during that time and inconvenience for our customers. Do I just take an average of earnings. Also our kitchen cannot be upgraded from a '3' to a '5' in terms of Food Hygiene regulations until this work is done. We believe this is detrimental to our business. Again, how do I quantify this. Sorry if this is a bit garbled, but I'm just trying to get things sorted in my head.
How do I start a claim against the builder for damages/compensation. He is claiming +/-£6,000.00 from us which he says is for work he has carried. As we said a lot of this work will have to be redone. We have worked out that it will cost us at least £7,000.00 in costs for work to be redone and lost revenue while the business is closed. Is it possible to claim against him also for damage to our reputation because we cannot get a Hygiene Level 5 Certificate until the work in the kitchen has been re-done. Currently we have a Level 3. People could think we are not running a properly hygienic business, which is not the case.
Could you give me some wording for a letter/email that we could send to him outlining our claim. Many thanks
I am still waiting for a reply to my question. Could you come back to me as soon as possible please