Hello my name is ***** ***** I will help you with this.
Have you had a surveyor in to get a second opinion please?
Hello, no I have not had a surveyor in for a second opinion, I have had other builders in. Why do I need a surveyor
The surveyor will tell me to get a structural engineer. The structural engineer inspected the house before the chimney stack came down.
What I would do is get a survey. That way you can see what has been done and whether in the view of the surveyor the company has been negligent.
You can disclose the report to the builder.
Then if the surveyor says the company has been negligent then yes you would have a claim.
If not then no, you do not have a claim
You can then write to the company and ask that they put the work right, if they are negligent.
Can I clarify anything for you about this today please?
Can you please explain to me why the findings of a surveyor would have more "weight" than a report from a structural engineer.
Also the company are willing to do the work, but only if we pay to put right their mistake.
As long as there is a report then that is all that matters.
There is an implied term under Section 13 of the Sale and Supply of goods and Services Act 1982 that they act with all reasonable skill and care.
If they do not then there is a breach of contract.
So you have the structural report and therefore the process is the same.
Can I clarify anything for you about this?
Do they have to complete the repairs in within a certain time frame ?
Again by law no. But the law would consider a repair to be within a reasonable time.
its hard to nail down an exact time.
But unless there is major work 28 days is reasonable.
28 days from when the problem was discussed with the builders ?
No from the time you request to have it done now by letter
will e-mail suffice ?
No, sent it recorded delivery.
If you email you need to make sure it has been read, unless they reply you have no proof
Can I clarify anything else for you/
I want to clarify something, Implied term under section 13, what does this mean ?
This is a term implied by law, so even if a contract is written or oral, this term is included by law.
if they do not complete the work in 28 days, can i then get another builder in and take my former builders to court for the amount it has cost me to "make good" there work.
Yes once you have given them an opportunity in writing to fix
Thanks for your help. I need to think about this and get back to you later.
Of course. Can I clarify anything else for you?
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/