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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11679
Experience:  30 years as a practising solicitor.
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I have been trying for a year to get snagging and some structural

Customer Question

I have been trying for a year to get snagging and some structural faults resolved with my builder I even went through mediation with a Architect who was acceptable to the builder (this has cost £942 to date and I don't expect the builder to honour his side of it) bot***** *****ne is we are going nowhere and I decided to draw a line under it and pursue this through litigation I have heard people talking about the consumer scotland act saying the builder must show skill and competence in carrying out the work this is clearly not the case as he has not followed Architect drawings and manufacturers instructions which has resulted in many of the more costly problems(estimates (10-15,000)
Help
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

You are right. The builder must demonstrate skill and competence and you do have the right to pursue him in court.

What are your specific questions about this?
Customer: replied 3 years ago.

Which



  1. Which law do I reference when speaking to him

  2. how long is a builder liable for

  3. he is Ltd so believe this may be futile however would like to ensure no other unfortuntes get in this situation

  4. can I put an add In local press saying I intend to take legal action?

Expert:  JGM replied 3 years ago.
You can cite the Supply of Goods and Services Act 1982. There more information about that here.

http://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982

The builder would be liable for five years and then the right would be time barred unless court proceedings are raised within the five year period.

If he is a limited company, the company would be liable. If he folds the company he might avoid the debt although a liquidator could challenge any transfer of assets.

Yes you can as long as what you say is the truth. Any untrue statements could be deemed to be defamatory. Sometimes the threat of publicity is enough to get the work done.
Customer: replied 3 years ago.
Got the information I required to pursue my litigation worthwhile and good value for money
Thanks
Expert:  JGM replied 3 years ago.
Thanks. Please leave positive feedback on the system so that it am credited for my time.
Customer: replied 3 years ago.

When i went to the link you provided (http://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982)it was for English law

i did inform you that this was Scottish law that i required reference to can you update please

Expert:  JGM replied 3 years ago.
The 1982 Act applies equally to both Scotland and England