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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If I carry out some landscape work to customers spec then two

Resolved Question:

If I carry out some landscape work to customers spec then two week after work finish the wall sink but my work us. Not guarantee can they get money from me
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

Could you kindly clarify what happened please - you mention a wall sinking?

Joshua :

What caused this - did you build the wall?

Customer:

Landslide

Joshua :

Thanks. Did you build the wall that was damaged by the landslide?

Joshua :

What cause the landslide?

Customer:

Yes I built the wall using sleepers and the landslide was was caused by heavy rain

Joshua :

Thank you. How long ago did this happen?

Customer:

October last year

Joshua :

Thank you. Finally is it less than 6 clear months since you completed the work? Has the customer issued a court claim against you?

Customer:

About six months and there going to take to court

Joshua :

Thank you. The position is that you have an obligation under the supply of goods and services act to ensure that you carry out your work with reasonable skill and care. If the wall collapsed due to poor workmanship, you would be liable however, if the wall collapsed due to landslide caused by natural elements and such a wall was not built to witstand or prevent landslide under the terms of your agreement then you are not liable.

Joshua :

the reason I asked the question as to whether the work was more or less than six months old is that during the first six months following completion of the work, the onus is upon you to prove that you are not at fault. After the first six months however, the onus switches to the customer to prove you are at fault. Therefore, if they do not issue court proceedings within six months of the date you finished the work, the onus will be upon them to prove that it was your fault that the wall collapsed due to poor workmanship.

Joshua :

If you think they may proceed with an application to the court, it would be worthwhile obtaining any evidence you have or can that demonstrates the reason the wall collapsed was due to landslide such as pictures or statements whether such evidence you may have. It is not absolutely necessary to do so but such evidence may prove useful if a court application is made against you.

Joshua :

Is there anything above I can clarify for you?

Customer:

Thanks I built it to there spec

Joshua :

If the spec included the requirement that it should withstand landslides and it failed to do so then as above you could be liable; if the wall was not built to withstand landslides in the spec and it is not reasonable for walls of this type to typically withstand a landslide, then you would not be liable for damage calls to the wall by the landslide and their claim would be better framed tthrough their insurance company.

Customer:

There got a different company to reconstruct wall using different materials who then damaged lawn and they want me to pay for the new wall and lawn

Joshua :

Notwithstanding that they may have no claim against you at all as above, even if they could sustain a claim against you if the lawn damage could have been avoided, then you would not be liable for that damage - rather the other contract would be liable.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua :

Has the above answered your questions satisfactorily?

Customer:

Yes thanks

Joshua :

Many thanks. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua and other Law Specialists are ready to help you