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JGM
JGM, Solicitor
Category: Law
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Experience:  30 years as a practising solicitor.
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2007-2015 - I took a builder to the NHBC over poor heating

Resolved Question:

2007-2015 - I took a builder to the NHBC over poor heating and building construction and won the case resulting in £150000 of re-build work on my home. which included £25000 biomass heating system
2012 - I assisted the owner next door over a similar heating system problem and the owner had a new £25000 biomasss heating system installed
Jan 2015 I am assisting a owner with similar heating problems and seems we may win and get a £25000 biomass heating system installed
the development of 6 off identical homes had a biomass heating system installed to the wrong design etc. and have proven the design was incorrect with reports completed by the BRE - BSRIA -CIBSE
iN MY LATEST reports I made comments as truth and the builder is now threating me with court action
assistance / advise required
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you question.
-Could you explain your situation a little more?
Specifically what comments did you make, what is the builder saying about it and what court action is he threatening?
Customer: replied 2 years ago.

In a report I stated without lieing or falsifying documents, the reason I say this the last two nhbc reports had the wrong information given to the nhbc

The previous owner passed away and he had a written email agreement with the builders director 2010 stating he world replace the heating system as the show house report which was being wriiten which was proven in 2012 and a £25000 boiler put in this home by the builder.

I said that I was of the opinion that the builder had used the death of the previous owner to hid the agreement to replace the boiler.

Previously the builder had stated that all 6 off homes were designed differently and I proven via the planning that the application was off homes, in 2009 the builder boiler installer produced a boiler report which I proved had many errors and I stated that the builder had misled the nhbc and the owner

Expert:  JGM replied 2 years ago.
What is your locus here to produce the reports? Who engaged you to do so and on what basis? Can you also have a look at your previous answer and edit and tidy it up. At present it's a bit confusing to follow and I don't fully follow what you're saying. Thanks.
Customer: replied 2 years ago.

I was assisting the existing owner as having claimed against the builder on my home and that of the couple next door

and on both claims the builder modified information given to the nhbc so he boiler size was correct

hence when I submiited a technical report to assist the new owners I stated without kieing or falsify the information, this based on the other two reports having the wrong information

Customer: replied 2 years ago.

in 2010 the owner who passed away had a email agreement with the builders director to replace and fit a new boiler as the other owner.

when the divorced and passed away and his dirct family were not aware of the agreement to replace the boiler - I wrote in another report that the builder had used the death of the previous owner to hide the fact an agreement was in place

reports were written as I am a piping engineer and provided my own reports to prove my homes design issues

cheers keith

Expert:  JGM replied 2 years ago.
Thanks replies which are helpful.
The builder can only take action against you if your reports and representations are untrue. In any defamation action it must be established that the statements made are untrue. And even if they are untrue you can still argue that the statements were "fair comment" based on your knowledge at the time and that the opinion you expressed was a reasonable one having regard to the facts.
This seems to be bully boy tactics on the part of the builder when in fact you have successfully managed to expose his poor workmanship on more than one occasion. His comments should be resisted in my opinion.
JGM, Solicitor
Category: Law
Satisfied Customers: 10648
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.

That was my opinion - but after costing him so much monies - he will want revenge

many that's

cheers

Keith

Expert:  JGM replied 2 years ago.
He may well do but he has no legal basis as far as you have told me.

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