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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I employed someone to check out a field shelter, ensure it

Customer Question

I employed someone to check out a field shelter, ensure it was appropriate use ( in a field) and then to pay , return with it, construct it. This job tool longer than expected and was over budget because it became clear that the person whom I agreed to do this job, was not up to the task. He got more people involved and eventually the field shelter 36x 12 feet was constructed. Unfortunately less than two weeks past before the roof blew off and now he is refusing to rebuild/repair the shelter. It cost me £2200 in total, so I am not happy.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

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

Alex Watts :

Do you know whether it was just an Act of God or whether it was built poorly please?

JACUSTOMER-qbpxoic0- :

During the process I realised that Jock was not up to the job. He drafted in more people to help and eventually after lots of wasted time and a long time when the structure was very weak, it was finished. I would not say it was an act of God, since I was out there riding and just put the horses in there to eat haylage and the roof blew off. The weather was not extreme, hence why I had been riding. I think the roof should have been bolted to the structure, as the nails just came out and the roof blew off, with one gust.

Alex Watts :

What is it you want to achieve?

JACUSTOMER-qbpxoic0- :

Either he rebuilds it at his cost, including bolting the roof down, or he compensates me the £2200.

Alex Watts :

You need to write and set out your losses and request a refund or rebuilds within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything about this today please?

JACUSTOMER-qbpxoic0- :

I do not have his postal address, what should I do if he doesn't provide it?

Alex Watts :

Ah I see. Dont you have any contact details?

Alex Watts :

All I can suggest is finding out where he lives

JACUSTOMER-qbpxoic0- :

Also which laws are relevant to my rights to have a structure built to stand up reasonable length of time ie at least a couple of years, if not five years?

Alex Watts :

It would be breach of contract. Under Section 13 he must act with all reasonable skill and care.

Alex Watts :

Further the Sale of Goods Act states goods must be fit fur purpose.

Alex Watts :

Does that help?

JACUSTOMER-qbpxoic0- :

Does the Sale of Goods Act apply strongly, since the 'goods' were his inspection of the product before purchase and his agreement to construct the shelter purposes of horses in a field?

Alex Watts :

I wouldnt say it strong but it certainly assists you

JACUSTOMER-qbpxoic0- :

Can I also hold a lien over any trade related belongings that he has left here, including if he turns up with his car?

Alex Watts :

Yes you can, but you need to have issued proceedings bedorehand.

Alex Watts :

Does that help?

JACUSTOMER-qbpxoic0- :

Can I claim feeding costs due to not being able to use the field with the remains of the fieldshelter in. Also the extra cost of rebuilding the field shelter and repairing the fence via someone else, considering that it appears that Jock is refusing to rebuild it etc?

Alex Watts : You can claim directly connected to the breach. Therefore if you have had to pay feed you otherwise would not have needed you can claim too.
Alex Watts : does that clairfy?
JACUSTOMER-qbpxoic0- :

Are there any other laws that apply, as this claim will be under £10 000 and I will not have representation? Also what about responsibility to the animals welfare? It is clear to me now, having seen in hindsight that the roof was not bolted down that the roof was bound to come off. Does this come under neglect, in that the purpose was to shelter inside it?

Alex Watts : This is just a standard breach of contract. I have already highlighted sale of goods act and sale and supply of goods and services sct.
Alex Watts :

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.



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