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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70525
Experience:  Over 5 years in practice
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A tradesman did some work in my garden which included laying

Resolved Question:

A tradesman did some work in my garden which included laying patio slabs which are simply awful in terms of unevenness and are unstable and wobbly. The rest of his work was equally bad but because I was not present my wife who is inexperienced in these matters and tends to trust people paid him £1380 in cash. He returned once and agreed to put his bad work right but after an altercation on the phone we have not seen him since and have no wish to. I have requested quotations from two other contractors for remedial work which is likely to exceed the original sum by several hundred pounds.
What is the best way to obtain reimbursement from the original contractor and do I need a surveyor's report which will probably cost over £250?
Your advice will be very much appreciated.
Neil Hernan.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

What is the best way to reclaim the cost of remedial work carried out by another contractor?

Expert:  Jo C. replied 2 years ago.
Do the other contractors agree that the work is substandard?
Customer: replied 2 years ago.

Yes they do.

Expert:  Jo C. replied 2 years ago.
Are they willing to go to court and say that if necessary?
Obviously only the one you use would be required
Customer: replied 2 years ago.

I don't think so but I haven't asked them.

Expert:  Jo C. replied 2 years ago.
If he refuses to offer a remedy then it is simple enough to sue him. You are describing a sum that is within the small claims court arena so it won't be expensive.
He seems to accept some form of fault because he has returned to put right the errors or at least attempt to do so but obviously he might start saying the work was adequate.
You need to be in a position to prove it was substandard to the civil standard. The test is not whether or not you were pleased with it but whether it was of 'reasonable quality'. Sometimes photographs alone can be sufficient and the errors are clear and undeniable.
In any event, that is a point really for later if he contests it.
In terms of moving forward now just send him one letter asking him to cover the cost of putting right this work and making clear that in default you will sue. Give him a specified period of time to do that.
If he does not comply then just issue against him here
www.moneyclaim.gov.uk
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Would it be advisable to obtain a surveyor's report before starting court proceedings and could I reclaim the costs involved (£250 plus)?

Expert:  Jo C. replied 2 years ago.
Not particularly.
I'm not sure why anybody suggested that.
It is not really an expert case. I suppose all cases are improved by experts but this isn't one that demands an expert and given the sum of the claim it is not worth it.
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