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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I live in a ground floor leasehold flat in a converted 3 storey

Customer Question

I live in a ground floor leasehold flat in a converted 3 storey Victorian house containing 2 units. In 2011 the maisonette above was sold and serious refurbishment began. The owner was the project manager but was living in another city and visited about 2 or 3 x times a week. For most of the time there was just one contractor on site. The owner of this firm visited about 2 or 3 times a week. The rest of the time there were a variety of migranr workers.
After about 8 weeks of almost intolerable noise dust etc I was driven out by the intense noise. By this time sound proofers has arrived and were hammering nails along the length of the joists. I went away for 4 days and returned on Sunday 11th July2011 to find the ceiling of my living room on the floor including the huge centre rose. There was much damage.
As this damage was caused by a contractor and not a peril it was not covered by the buildings insurance. My contents were covered under a separate policy. I contacted various bodies etc in the end had to appoint a loss assessor to get the claim dealt with as I seemed to be going round in circles. After 8 weeks I moved out for 2 months, my furniture was restored and stored and the contents claim settled. Despite all the efforts of the loss assessor no settlement came from sound proofers insurers via the loss adjuster so I passed over the claim to the lawyers through my family legal protection cover.
Almost 2 yrs later an offer has been made for 50% liability which I accepted on 30 April 2013 but I had=ve had no payment yet despite chasing the lawyers 2x weekly. (I understand a dispute over legal fees) The other 50% seems to be the responsibility of the other conrtactors who had worked on removing the floor etc but were not on site when the ceiling collapsed. The agreed claim was just over £20K
I have written to my neighbour to tell him that as the owner of the property I hold him responsible for the damage caused by contractors to my flat and am looking for the remaining 50%. It looks unlikely that he will accept this and I am wondering what my options are? Legal fees are so expensive on a claim of this size. What about small claims? Is there anything else?
I look forward to your response.
Submitted: 4 years ago.
Category: Law
Expert:  Joshua replied 4 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

May I clarify please have you received via your lawyers a written offer for 50% of the damage? you mention you accepted this. Could you confirm that you did not accept this as full and final settlement of all your claim but merely that you accepted this amount is the extent of that individual's liability but reserved your rights in respect of other parties liability for the damage?

Josh-2010 :

are your solicitors fees covered by your insurance policy or have you instructed them privately?