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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I paid up front £600 Structural Engineer to carry out

Resolved Question:

I paid up front £600 for a Structural Engineer to carry out a Engineers report for a renovation and extention to a newhouse
The Engineer was sent the plns and survey report carried out by a third party
The planning aplication was efusedby the council as it did not meet current legislation.
Further work had to be carried out by the architects and the engineer
The Engineer on compleion has sent me invoices for £900 that he sys he had to do to bring it up to meet the legisltion
As I paid up front ad as not mde aware of any other costs am I liable tohis invoices even though he has admitted he did not know what he was doing
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Have you actually paid the invoices yet please?

Alex Watts :

What was the reason given for the failure to do it right in the first place?

Customer:

No I have not paid the invoices

Alex Watts :

Then you do not need to. The Engineer clearly got it wrong.

Alex Watts :

The engineer is in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 by failing to act with all reasonable skill and care.

Alex Watts :

If they had done it right in the first place then you would not have needed the extra work doing.

Alex Watts :

Therefore on this basis you should not pay the higher invoices

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi reason was that he had not done this kind of wrk before and that the architect had sent him a copy of another property that he had done

Alex Watts :

That is not your fault.

Alex Watts :

Therefore you do not need to pay it

Customer:

Ok I have now received a Claim form from the County Court Buiness Centre and I want to put in a counterclaim

Alex Watts :

Yes. You need to file a defence on the above basis and then a counter claim

Alex Watts :

There is a Court fee to pay for the counter claim depending on value

Alex Watts :

But if the whole claim is £10,000 or less it would be a small claim so no lawyers needed

Customer:

I was delayed 8 weeks and had to pay for equipment rental and the cost of renting accomodation and your legal advice at a cost of £2,058

Alex Watts :

Ok, you can;t claim legal advice, but everything else you can

Alex Watts :

But file a counter claim, it will be a small claim

Alex Watts :

Can I clarify anything else for you?

Customer:

Thank you very much I will file the ounterclaim your advice was great

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