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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Basically I had carried out repairs to an area of Yacht deck.

Resolved Question:

Basically I had carried out repairs to an area of Yacht deck. subsequent to this the owner has drilled through the area to fasten equipment. As a result water has leaked in causing damage that the owner is accusing me of and threatening legal action and looking to recover costs.
I would appreciate some guidance on a response as I do not deem myself to be at blame.
regards
chris
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What does she blame you for this?
Customer: replied 2 years ago.

The customer had said that there was a leak from the bolts that he had put in. As he was a new customer and I didnt want the leak to cause damage to the works that I had done I offered to reseal the bolt to prevent more water getting in.

He never took me up on the offer and in fact went on to attempt a repair that wasnt required. This was over 1 year ago. he is now attempting to obtain costs.

Expert:  Jo C. replied 2 years ago.
Are you asking if he has a claim?
Customer: replied 2 years ago.

No i dont think he has a claim. Unless you suggest differently.

Expert:  Jo C. replied 2 years ago.
Well, it depends.
On your version of events he doesn't have a claim. He has caused the damage and that is down to him.
The question is whether or not he will make a different allegation. It is always possible he could say that you caused the damage. Sometimes people do lie. He will probably point to the fact that you offered to assist. If his account is accepted then you are liable.
Which is likely to be preferred depends really. If the fault does lie with him then it is usually possible to get him to accept something like that in evidence. Also, he probably won't sue. People threaten to sue all the time and do not.
In terms of responding, I wouldn't get dragged into a protracted argument. Just send him one letter setting out your view of the cause of this damage, explaining you are not liable and invite him to sue if he disagrees. Then just ignore him unless he issues which is not likely.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you very much for your speedy advice.

Regards

Chris

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
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