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JGM, Solicitor
Category: Law
Satisfied Customers: 12092
Experience:  30 years as a practising solicitor.
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I want another Expert.This question follows on from the previous quest

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This question follows on from the previous question regarding our dispute with the builder.

We have now received a report from our surveyor which confirms that the workmanship is to a very poor standard. We have sent the builder a copy of the Conclusion to the report and said that we will be obtaining estimates to rectify /redo the work. This includes re-laying the kitchen floor and re-hanging the tri-fold door from the conservatory. We believe that both these items will cost in excess of the money he is still claiming from us. We are very angry on a number of counts: we now have to pay to have all this work redone, we have to close our establishment again while the work is being done, incurring loss of revenue and inconvenience for our customers (at a particularly busy time of the year when we already have a number of functions lined up). Can we sue this builder for damages?

Thank you for your question.
Yes you can. You have to quantify your total claim, deduct the balance of the contract monies sought, and claim that from the builder arising from his breach of contract. You can also claim the costs, including the surveyor's fee.
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Customer: replied 3 years ago.

Thank you for your response. I have sent an extract of the Surveyor's report (The Conclusion), which confirms the poor workmanship. The builder is demanding to see the whole report. I don't want to send him this. Do I have to? We now intend to get estimates for the work which needs to be re-done, but how do I quantify damages, eg having to close our establishment for the time the work takes, loss of income during that time and inconvenience for our customers. Do I just take an average of earnings. Also our kitchen cannot be upgraded from a '3' to a '5' in terms of Food Hygiene regulations until this work is done. We believe this is detrimental to our business. Again, how do I quantify this. Sorry if this is a bit garbled, but I'm just trying to get things sorted in my head.

Have you spoken to your accountant about doing a schedule of loss for the business? That is how you would quantify loss of revenue etc.
As far as the report is concerned there should be no reason why the whole report can't be shown to the builder. There is no law on this, but the report won't be taken seriously if you only exhibit part of it.
Customer: replied 3 years ago.

How do I start a claim against the builder for damages/compensation. He is claiming +/-£6,000.00 from us which he says is for work he has carried. As we said a lot of this work will have to be redone. We have worked out that it will cost us at least £7,000.00 in costs for work to be redone and lost revenue while the business is closed. Is it possible to claim against him also for damage to our reputation because we cannot get a Hygiene Level 5 Certificate until the work in the kitchen has been re-done. Currently we have a Level 3. People could think we are not running a properly hygienic business, which is not the case.

Could you give me some wording for a letter/email that we could send to him outlining our claim. Many thanks

Customer: replied 3 years ago.

I am still waiting for a reply to my question. Could you come back to me as soon as possible please

You intimate the surveyors report and a schedule of loss to the builder and ask for his proposals as to compensating you for your losses. There is no special wording required although you may wish to have your solicitor send the letter as this is likely to have more effect than you sending a letter yourself.