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Hello my name is ***** ***** I will help you with this.
If the builder has been negligent then yes the neighbour can issue proceedings against the builder.
It is the builder who has been negligent not you;
You had instructed the builder assuming he was a professional and knew what he was doing
Therefore if not the neighbours can issue proceedings direct.
They might try and issue against you as you had instructed the builder.
If that happens then you have to counter sue the builder.
In any event the builder should be insured for this
Can I clarify anything for you about this today please?
The neighbour says she doen't want the builder to do the work to out the bathroom right and wouldn't even let him in to see the damage. She has had an estimate done by an independent tiler but it includes replacing other tiles in the bathroom that match the blue ones on the bath panel. She says this is because she wants them all to match! This estimate was very high in my opinion (£495) so we offered to get an independent tiler to give another estimate but in some ways I don't want to get involved as I feel it is between her and the builder!
The builder should be given the opportunity to do the work, this is called mitigating your loss
In any event the neighbour should get 3 quotes for getting the work done and pick the cheapest
Does that help?
That's what he offered to do but she wouldn't allow it. That's why he offered £250 as a good will gesture. She has only got one quote, saying he was the only tiler who would come out for such a small job. She has been round to our door twice shouting at us to get it sorted which I feel constitutes harrassment.
She would have to show, if it went to Court that she mitigated the loss.
I dont think she has
She needs to give the builder a chance to put it right then get a number of quotes and pick the cheapest
So even if the claim won, I dont think she would get anything
Yes it does . Thank you!
Can I help with anything else today?
Can you email me this in a printable version so that I can show my neighbour and the builder please? That way I'm hoping we can get it settled without going to court. You've put my mind at rest though so thanks again.
Once you rate the format changes of this chat.
You can then copy and paste or come back to it at any time
Is that ok?
Yes thanks. Excellent service!