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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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A builder di some work which finished just over a year ago.

Resolved Question:

A builder di some work for us which finished just over a year ago. Part of that work was to install an ensuite shower room. I year on the floor across the diameter of the room has started to form a convex horizontal hump similar to a 'sleeping policeman'. This could be indicative of a slow leak and the flooring absorbing water and expanding. I have notified the builder but he has ignored my email. Do I have any right to insist that he makes good the damage?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Do you know if he is still trading?

Customer: replied 1 year ago.
he is
Expert:  Jo C. replied 1 year ago.

Is he running a limited company?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Are you still there?
Expert:  Jo C. replied 1 year ago.

Thanks.

Proceeding on the basis that this is a fault caused by his work then he is clearly liable to put it right or compensate you so that another can do so.

Whether or not it is caused by his work is another matter. It seems likely in all the circumstances. I’m not sure how he could deny it.

He may not be keen upon taking remedial action but that doesn’t mean you don’t have a valid claim against him.

Obviously limited companies are easy enough to close down so that is a risk but if he has been trading for some time that is unlikely.

You do have to give him sound notice though before you instruct another and sue him for the cost.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Should I get a solicitor to write to him on my behalf, how long is sound notice and how much will it cost to sue him for the cost?
Expert:  Jo C. replied 1 year ago.

Do you know what the cost of putting it right is?

Customer: replied 1 year ago.
I don't expect anyone will do it for less that £1000
Expert:  Jo C. replied 1 year ago.

It is not really worth getting a solicitor to do it then. A solicitor will charge about £100 plus VAt and you cannot claim it back.

A barrister under public access might be cheaper but you can send a letter before action yourself for free.

It will be about £100 to sue him. You can do it here

www.moneyclaim.gov.uk

But I would give him 28 days warning.

Customer: replied 1 year ago.
should I write to him and tell him that I will give him until 4 weeks time to complete the rectification work and then will use someone else and will sue him for the cost (only put a bit more politely.
Customer: replied 1 year ago.
I have to go now have a visitor
Expert:  Jo C. replied 1 year ago.

Yes, but give him a specific date - unless he responds by 4pm on X date you will take these actions.

then there can be no argument.

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you