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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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I got a conservatory built which has now been condemned by

Resolved Question:

I got a conservatory built which has now been condemned by an independent glass specialist who stands up in court and gives reports. He has never lost a case in court for his clients. He said it should be taken down and taken away. The credit card company have accepted his expert report and returned my deposits that I paid. If the Co who did the work now get their lawyer to read Mr. Honeyman s report and accept it should be condemned, what happens next? Do they remove it or do I? Or, do I simply keep it and use it as storage and still pay nothing ?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

If the expert report is accepted (and much as the expert might say he has never lost a case in court there will be many other cases which haven't gone to court) then the company would be admitting a breach of contract and you would be entitled to at least the cost of removal as your house would not be sellable with the conservatory in place. You may also be entitled to some payment for inconvenience. If you want to keep the conservatory, generally the supplier won't be bothered but I would recommend having a "condemned" conservatory on your land and you would be better to have it removed.

Customer: replied 1 year ago.
To be 'condemned' by a man of skill/expert I would assume is the most damning a report could be? In other words , nothing can be done except toss it in a skip. A local builder gave the same report.
Expert:  JGM replied 1 year ago.

Would appear to be although he's not a man of skill in the legal sense. He's a paid expert for one party. The other party could have an expert who takes a different view in terms of the degree of fault, possibility of remedial works etc. It's generally better to agree a joint inspection by an independent expert.

Customer: replied 1 year ago.
Yet it is amazing that he has never lost a case for a client, whether that be in or out of court. In a sense, he is truly independent because it was Trading Standards who gave me his name.
Expert:  JGM replied 1 year ago.

Don't forget to leave a positive rating so that I am credited for my time. If you have any follow up question let me know.

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