Hi - we've traded admin and have an allocation hearing set for the 4th June 2015. In it we are finding out how long the trial will take - I have four witnesses (including me) and he has three. we are also discussing whether an expert witness can be used.
When sacking the builder I found an independent surveyor to take photos and measurements of the site. We agree not to write the defect report as it would cost around £1200 - I did agree in writing the share the cost with the builder - they ignored the letter. So, the report can be written but his solicitor is arguing that as the site has now been built over the report is nulled as it can't be picked apart.
We have mediation planned for next Thursday.
Is that enough?
I believe I'm correct in what I've done and how I went about it. I also believe is solicitor has 'sold' him a line that he can claim for the entire cost of the job he couldn't complete - we paid him £11k of £33k. His counterclaim is for £22k. My defence states this can't be the case as it includes all the nails, bricks, labour, cement etc he had no need to buy. Therefore, if hid did have a claim it would only be for the profit element of £22k - say £20%.
I would very like him (or probably his solicitor) to concede this point early on during our mediation. It means my downside (if I lost) would be closer to £10k rathe than over £30k.
I understand the counterclaim is to throw me on the the back foot so i need some decent 'ammunition' to show a judge would agree that it's profit rather than turnover that he could claim for.
So, if he concedes this point it then strengthens my hand to get him to finally admit there was some fault - as his cost incentive to winning is now greatly reduced.
Apologies - I replied to you last evening via my phone but, it appears not to have been sent.
You've agreed with me but not answered the question I posed. I know I'm right but need the ammunition (words, phrases, case law) to counter his solicitor that says he can - using the three phrases in my first post. The builder believes he can claim all £22k so continues to fight the case - a big upside if he wins. I need to show his upside is only the profit - which makes his counterclaim untenable.
So, how do I make these points to a solicitor that has a vested in terse (his fee) in telling the client something which isn't correct.
Morning - yes it all makes sense. However, in my very first posting I explained that his solicitor had justified asking for the full £22k by including three different paragraphs which state simply:
Your response answers the first bullet point but I don't know and possibly the second. How about the third - what does it mean and how to I politely tell him to get lost as it does not apply?
Excellent. Happy to leave you some lovely feedback now.
Cheers ***** ***** help.