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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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JCT BUILDING CONTRACT . I am a defendant and counterclaimant in a building dispute with a jct contract . Builder terminated contract as I would not pay him for the last month as many things were wrong and he had 6 to 8 weeks of work left when the contract only gave him three more . In others words I paid him 95 % while he did only 75% of build . That is what the SINGLE JOINT EXPERT a QS and a structural engineer is to establish. It should never of gone to court . But the builder liagagted . Now the stupid situation is for a £11 k claim , he has court costs of £30k and counter claim of £ 80 k against him . What I need to know is as soon as possible is the following. The judge has directed us to get a single joint expert . With one set of instructions . We cannot agree. I am ligant in person ,
I would really want my own expert but this leads us into huge money. But can I insist under law even though judge says no. The other side have to inform judge that we cannot agree by the 8th dec . What happens then?. is it the jusde sets the directions for the expert and goes away an battle it again between our selves again and can he finalise it ther and then and draw up his own instructions . This is the best option for me as I think it's the fairest and we pay equally . The oppo lawyer have basilly put a defence case to the expert but that should be in the trail. should i wait for cmc to made an application n application for a separate expert. But I can't carry on being bullied like this by opposition lawyer and be forced in a situation that is unfair . What can I do what should I do . I am really tight for cash so a joint expert is better finically but I have to win case and I don't want an unfair report to be presented to the judge .
also I have come across disturbing correspondence between the opp sols and her client, the builder who messed up my new build . it seems like they contrived to have me try and  breach the JCT building contrcat  ( i can prove that i didnt as i good reason to with hold pay)
What I am unsure of is that  this course of action shows they never intented to mediate, even when we had set up a sort of inhouse mediation . the intent was to set up ligation and the mal intent was that the builder  would get off the hook of finishing the build by thinking he could legally terminate premeaturally.  I am shocked by this . my question to you is should i inform the oppo lawyer that i have this proof pre trail - AS WE ARE ABOUT TO EMBARK on joint experts instruction which I think i have decided i am going to say that we cant agree and await court directions.
I am afraid-that if i say it to her , it will prevent me would it prevent me showing it at trail,  something to do with contempt of court by publishing before trail-- or something like that? wd that apply to me?
what should i do with this infromation . i have proof of their emails , they were enclosed as part of thier disclosure. I want to cite this as one of the reasons that i dont  trust her instructions  and i want to tell judge  as its clear my builder orchestrated the situation so that he could flee site ..
correspondance found . for lawyer to builder .... " ... it would still achieve your intended  outcome that the contract is terminated due to her breach , therefore to warn her would be counterproductive. "
... tie down a deadline ( although we discussed on phone - maybe it best not to draw not to draw your clients attention  to the actual deadline , in the hope she wont meet it ............ pin dow dates that will tigger termination.   have a clear roadmap of when the deadline are  and if/when you can legitimately walk off site  and call all your sub-contractors off thier revelvant jobs ...
WHAT SHOULD I DO WITH THE INFORMATION . -- should i write to her, or inform Judge or say it at the CMC meeting ..or keep it for trail ...
i understand the judge at CMC  will be different from a trail Judge.
i think the above situation is enough reason to seek an independance expert. DO YOU ? My trust has been shattered.
Thank you geraldine
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello Geraldine
Alex Watts : Are you still stuck?