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Hello my name is ***** ***** I will help you with this.
How does this statement read please?
The Agreed Amount includes any associated fees, costs and VAT, and, once paid, it is acknowledged that all matters between the two parties are resolved and that there is no remaining or on-going dispute between the parties.
Full statement reads:
It is hereby agreed that X will pay the Agreed Amount of in full and final settlement of all claims for damage to the ground floor apartment caused by building works undertaken to the first floor apartment between 2012 and the date of this agreement
Ok - if you sign this that means its the end, you can't go back and say there is something wrong later
In addition to damage compensation, we have on-going issue with the quality of the soundproofing of
It is legal and people do this all the time
So you need to make a decision, if you sign this there is no further claim if there is a problem later.
If you do not sign it you can still sue for loss and damage
So if all matters are resolved and they are going to do what they say they are, then that is it
If you sign an agreement saying they are going to do something and they don't then you can sue on that contract
So you need to decide whether you are happy with what they are offering
If not, then you don't sign
Can I clarify anything for you about this today please?
There are on-going issues with the quality of the soundproofing and i am concerned about any potential damage further down the road, given that works have been extensive and structural. Can they legally withhold compensation, subject to me signing this agreement or are their actions unlawful?
Is it unlawful - no
Its not illegal
It is a matter of contract
If you do not agree with it, you simply don't sign it
They can't withhold compensation if you refuse to sign
But if you accept the sum offered then you have to sign.
So they can say we are offering this but its conditional on signing the paper - yes that is legal
But they can't take away a right to compensation by making you sign something
What this is for is saying if we pay you this, you wont come after us for more
That is fair enough and quite normal
So you need to be satisfied with the sum
If you are -sign
Can I request compensation without indemnity statement?
You can but they don't have to provide it.
If I was advising them I would also ask you to sign something if you were going to accept compensation
Otherwise you could accept the compensation and still try and sue them for more
Can i narrow the scope of the statement to the damage specified in the survey report?
Yes you can. They may or may not accept ths
* this *
So, if i am not prepared to sign, the only other option i have is to take legal action?
That is right sadly
Only last clarifying point, how can keep the issue with soundproofing of the wooden floors out of the scope of this agreement?
You just specifically exclude it with a clause in the agreement
Do they required to accept it, given that it has not been in the scope of survey investigations?
Yes they have to accept the term.
The whole process must be open with cards on the table
Thank you very much