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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Building Dispute I am the claimant and litigant in person

Customer Question

Building Dispute
I am the claimant and litigant in person in a building dispute.
There was no written contract in place -builder was not interested in a written contract(except some subsequent emails to the builder from me). I agreed as he seemed genuine and I wanted him to complete 3 items asap 1)roof on a glass room 2)Install Portico and 3) connect underfloor heating pipes and external drainage.
The builder agreed to complete this in a few weeks and stated he will charge no more than £150 per day. but invoiced £180 per day for himself and subcontractors and also charged me for periods when they went around builders merchants to collect goods and their lunch break approx 1 hour per day.
They cherry picked quick hits which gave them large sums of money to invoice and also chose some jobs which I agreed to and paid them. They left smaller jobs unfinished
There were delays and builder abandoned work after collecting a large sum of money.
I am a litigant in person and a Case management and a cost management conference is due to take place next week .
I have also been asked to submit a precedent H(which I thought was only if one had a solicitor to represent them)
a case summary, statement of issues in the case (Incompelete work, damage caused by workmen). The builder claims damage was not by his workmen but those introduced by him and working with him but they were paid separately from him.
1)Can I still refer to JCT building contract as far as building disputes are concerned?though he did not sign this contract, it was a verbal agreement to complete work
2)can I ask for detailed disclosure asking the builder to disclose all receipts(which he has invoiced me . He claims he has purchased goods, but he hasn't, I have provided all materials), Can I ask for his bank statements to be disclosed over that period which will show that he wasn't paying £180/day to a builders labourers which he has been invoicing me but only £80 per day.
The claim relates to incomplete work and damage caused by workmen during the work.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
If you are in person you dont need to submit a Precedent H.
1) Yes you can refer to the JCT contract, but of course you would need to show the builder verbally agreed to this.
2) The builder should disclose all documents which assists his case and those that undermine it. If he is not disclosing documents you can ask the Court to order specific disclosure.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

the builder denies this was discussed

For the statement of issues it refers to CPR31.5 and CR35.4

The Defendants have indicated they do not wish to consider mediation without an expert report and after case management conference only.

However the issues to decide if the work was incomplete and if I have been invoiced excessively don't really need and expert report.

I was planning to ask the court to limit the expert evidence (if allowed).

I didn't have the time to wait until builder signed the contract on this occasion hence this situation.

As the matter is complex perhaps I can discuss sometime next week before the case management conference.

Q . Can the judge be persuaded to restrict the costs of the defendants and order mediation or do they need to agree to mediation.

I am concerned that the builder will claim he does not enough funds if the judgement is issued in my favour and I would have wasted my monies as has happened once before.

Expert:  Ash replied 1 year ago.
1) The Court can ask the expert to limit the report to certain issues. In any event a joint letter of instruction will need to be given indicating what the report is about
2) The Court will only restrict costs if they win and refuse mediation at the END of a trial.
Costs are separate to the trial and as such they can be penalised if they refuse mediation.
Does that clarify?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you excellent

Expert:  Ash replied 1 year ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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