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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10395
Experience:  Barrister 17 years experience
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Had an extension built 2007. Cracks noticed after first year,

Customer Question

Had an extension built 2007. Cracks noticed after first year, builder sent odd job man to supposedly fill in and paint over. As we are on a main road,and can jet wash older section of the cottage 300 years old, we tried to do the same on new extension, but the render flew off. Contacted the builder and had surveys and render tests, structural and chartered surveyors both reports came back with, the same, the render had failed and the architect had not allowed an expansion joint. Gave the builder opportunity to put right, but would only fill in cracks we were advised by the professionals this was not the correct solution to the problem. Solicitor bought in on no win no fee, has taken since May 2013 it went to the arbitrator after much lying and time wasting on the builder and his team with employing a solicitor the day before the Skype hearing as they suddenly refused a suggested arbitrator, also they wasted time in lying by saying we did not have a JCT contract which we did but they slipped up later and admitted there was one, and this is how it has been. Only for our solicitor to lose it for us on time limitation, but our solicitor got his insurers to pay for the arbitrators final award as we had run out of money by then, he is still talking to the insurers but we have until the 18 th September to pay the builders costs of near £16 thousand pounds , if not we have been threatened with high court enforcement officers. My partner has since passed away due to vascular dementia and I have to sell the cottage as it is too big for my daughter and I to afford. I am at my wits end with worry and probably won't get anyone in to look at the cottage when it needs £13. Thousand pounds worth of repair which the builder has got away with, not only that but he didn't do a load enquiry and we had to call out the electricity company at 2.30 early one morning as we smelt burning and the old door frame was red hot. Also we had a shower leak down through to the new kitchen, which resulted in U.S. Having to have the showere size reduced by half as we were bullied again and he woul not repair to the correct standard. Is there anything I can do.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I would like an answer now please
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Dear Nicola, I will wait , as long as it does not cost me any more money.Yours sincerely ***** ***** Britton
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you. It will not cost any more money.
Thank you for your patience,
Nicola
Expert:  Buachaill replied 1 year ago.
1. Dear Sally-Anne, at the outset, you need not be very worried about the builder demanding his legal costs from you by threatening court proceedings. Here, what you do is write back to the builder's solicitor and ask that the costs be sent to Detailed ASsessment. This means that the court has to measure the correct and appropriate amount to be paid by the other party to the party claiming their costs. This is a procedure which always takes time. In the meantime, as you are awaiting the payment of monies from the solicitors' insurers, you can use some of this money, when it comes to discharge the fees owed to the builder's solicitor.
2. BE aware that whilst it may take time for the solicitor's insurers to pay out to you, these monies will come, as insurers always pay in the end.
3. At that juncture, you can consider whether to sell your house as it is, or else, to use some of the monies from the solicitors' insurers to correct the defects that exist in this new part of the house. This is a judgment call and it very much depends upon whether you would in fact get a good builder to do the work. It may be more prudent to sell the house as it is, defects and all, and use any money you have received to buy a new house with your daughter which is more modern and easier to maintain.
4. Finally, don't be too concerned that no one will buy your house. Revamping houses with character is all the rage. Once the house is suitably priced, it will sell.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10395
Experience: Barrister 17 years experience
Buachaill and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear Sir , I rated your help along with further questions, but I am not sure that you received my question, only the rating. Regards ***** ***** Britton
Customer: replied 1 year ago.
Dear sir, thank you for your help so far, just to clarify, our solicitor says we could put it to the arbitrator regarding the rather high costs of the builders solicitors but this would incur more costs of which I do not have the finances for. Plus the arbitrator was rather rude towards me. So would it cost to ask the court when the builder takes proceedings against me for losing on time limitation only instead of winning our good case. As this would mean more expense for nothing.of which I find too distressing. Also would we be able to go for the architect on our extension build who was named in the arbitration , but who has since passed away he leaves a wife and owned property.it does seem so unfair as my Peter has also recently passed away. Regards ***** ***** Britton
Customer: replied 1 year ago.
Our solicitor did ask for a detailed breakdown of the builders solicitors costs which were high, and has suggested we offer a lower amount to which we agreed to. Especially as they were only bought in the day before the Skype hearing between the builders representative and our solicitor. S A Britton
Expert:  Buachaill replied 1 year ago.
2. Dear Sally Anne, if the builders solicitors will enter into a negotiation and accept a lower fee, then that is a good way to proceed. However, I thought the problem was that the costs might get enforced before you have the money available to pay them off. However, if you are not concerned about this point, then simply negotiate with the builders' solicitors. I accept money will be spent if you engage in another phase in the dispute. However, the only reason for spending the money would be to avoid enforcement of the costs bill immediately. Secondly, if the arbitrator has died, then you cannot refer an arbitration to him. A different arbitrator will have to do it.
Customer: replied 1 year ago.
Dear sir, just to clear up , it was the architect who over saw the extension build ,and was named in the arbitration hearing that has passed away , not the arbitrator. Regards ***** ***** Britton
Expert:  Buachaill replied 1 year ago.
3. OK sorry about the confusion. If the architect who oversaw the extension build has died, then this creates evidentiary difficulties in proving your claim in any further claim. So you should not go back into arbitration in any form.
Customer: replied 1 year ago.
Dear sir, as our solicitor lost our case on time limitation, and admitted this . As a result his firms solicitors paid our arbitrators fee to get the final award. And is now talking with them to get our builders costs paid of circa £14 thousand pounds. What would we be likely to achieve if anything for our costs for. Our costs incurred survey reports
Etc. plus the cost of £13 thousand pounds to hack off and re render the walls of the extension.. As I said he is talking with his insurers and senior partner. Or am I hoping for too muchKind regards ***** ***** Britton
Expert:  Buachaill replied 1 year ago.
4. I have no means of judging what part of your costs will be paid. However, in strict point of law, as the solicitors have been negligent upon the issue of limitation, all your losses which flowed from this failure to observed the limitation period are payable. So you should be getting the costs of repair paid at least in part, if not in full.
Customer: replied 1 year ago.
Thank you
Expert:  Buachaill replied 1 year ago.
5. You are welcome!

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