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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 2891
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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Had work done by a landscape company. The majority of the

Customer Question

Had work done by a landscape company. The majority of the slabs are now lifting rendering the area unusable for my 2 year old daughter. Landscaper keeps promising to come and put issue right but never turns up. What are my rights
JA: Where is this? It matters because laws vary by location.
Customer: Melksham Wiltshire
JA: What steps have been taken so far?
Customer: We have whatsap messages to and fro with him promising to turn up to put job right but he never turns up.
JA: The Lawyer will be able to walk you through that. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Looking at rcouping costs to allow someone to put job right
Submitted: 10 days ago.
Category: Law
Expert:  Ed Turner replied 10 days ago.
Hello.
Expert:  Ed Turner replied 10 days ago.

I am Ed, a Solicitor qualified in England and Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the site’s automatic offer of a Premium Service Phone Call.

Expert:  Ed Turner replied 10 days ago.

I am sorry that you are facing a potential dispute with a cowboy landscape company who have done a botch job for you but hopefully I can assist you in resolving the matter before it escalates and you are forced to incur significant further legal costs.

Expert:  Ed Turner replied 10 days ago.

You have a claim in professional negligence, breach of contract and breach of the sale and supply of goods and services legislation against the builder. The Defendant was under a duty in contract law and statute to provide you with a product and service that was fit for purpose and of reasonably satisfactory quality.

If their actions or inaction have caused you financial loss, your damages will be recovery of your losses caused as a result of their conduct, plus interest on damages and legal costs. Damages will be the monies you have already paid them, the costs you have incurred of rectifying their work with other suppliers and the rental costs of alternative accommodation while your home is being repaired.

If the damages you are claiming are less than £10,000, the claim will be placed on the Small Claims Track. You are unlikely to be ordered to pay the other party’s legal advisers’ costs of the claim; only court fees for issuing the claim and for the hearing itself. A party cannot normally recover solicitors’ costs on the Small Claims Track. However, it is designed for non-lawyers (known as “Litigants In Person”). The trials are relatively informal, and the judges do not expect parties to have the same legal knowledge as experienced solicitors and barristers.

However, if the value of the claim is over £10,000, it will be placed on the Fast Track of the Civil County Courts and if it is over £25,000, it will be placed on the Multi Track of the County Courts. The normal rule is the winning party may recover its legal costs from the losing party, either at a final hearing or a favourable settlement. Therefore, you are at a significant risk of this action costing you more than just your own legal costs if you are unsuccessful.

I suggest you instruct specialist Construction Litigation Solicitors. They will take your instructions and review all existing documentation and correspondence and advise you on your prospects of success.

If you have a Home and Contents Insurance Policy with Legal Expenses Cover, it may be worth notifying your insurers and requesting that your legal fees in this claim be paid and/or that they appoint a law firm on their panel of insurers to conduct your claim.

Expert:  Ed Turner replied 10 days ago.

I hope this is a satisfactory initial reply to your question and you understand my recommendations. Please revert to me if you do not understand anything and require clarification of my answer and I shall be delighted to assist.

I can also offer a Premium Service Consultation for an additional fee if you need detailed and bespoke legal advice. If you accept, I will pass you my direct email address and phone number. I can review any relevant documentation and consult with you by telephone for around 20 minutes. This will give you a clearer picture of your legal position and your potential options for progressing the matter to the next stage.

Kind regards

LawyerEd

Customer: replied 10 days ago.
Hi Ed thank you for your speedy reply and expert advice. We will send him an extract from your guidance and see if that sparks him into action.
Expert:  Ed Turner replied 10 days ago.

Thank you for the positive feedback. I am delighted that you are satisfied with my reply and wish you all the very best in resolving this matter.

If you require further legal advice from me, please create a new text thread on the portal and tag @EdTurner in the expert box. I will be notified of your request and prioritise it.

Kind regards

LawyerEd