How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16797
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

Recently my sister who lives in Arbroath allowed a company

This answer was rated:

Recently my sister who lives in Arbroath allowed a company names Sers to enter her property and treat a party wall for heat loss refurbishment under the Scottish government scheme to houses at reduced cost. My sister did not take up this offer, The properties are Ex council and my sister is in a large townhouse type linked by this wall in her garden for the house next door. My sister did not protest for the entry of the contractor, bearing in mind this is her next door neighbour. after much renovation of scaffold etc the work began at much discomfort to my sister
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: upon completion of the work they had stained part of her brickwall with cement shopblast and dirty gravel type dust which stained the red brick,
JA: Where is the house located?
Customer: they also chipped her window sill dismantling the window sill, The grey paving slabs were stained with some white type cement and other unwanted
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have not completed it yet. the contractor left the area in the mess I have stated. they actually came back after the contractor was contacted by me
Customer: replied 16 days ago.
they did try and clean up slabs that were blackened due the power washer impregnating the slabs with dirt from power washer and other ingredients. I have complained about the items mentioned and the came back and cemented the window sill and cleaned the wall. The paving slabs are now almost a dark grey colour.
I have complained to them that i have tried to clean them and have not managed any real improvement.
They have ignored my complaint and have now stated that was how they found them , i have pointed out
that this was utter rubbish and indeed if we had not pointed out the other items of damage they would not have repaired the problem I have been in touch with Scarf who are overseeing the project and whilst they have been very good there is now an impasse with the Sers contractor who has not commented further other than she would reimburse me for any cleaning products which amount to no more than £30 if I produced receipts
from this you can see the mindset of this company MD Marion Gracie. I believe that the Scottish Government should be aware of this contractor who is completing the contract.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 15 days ago.
I am surprised that my question is that difficult, we a Contractor who has entered a private property with the permission of the private owner to complete work for a neighbour of the linked property.
The contractor has entered the property erected a scaffold etc. and completed the work. The work entailed shop blasting the wall with a white type cement and coloured chips The contractor made no attempt in laying a tarpaulin protection to therea which is covered with light grey and redish slabs. The window sill had a 2" chunk taken out of it.,the private brick wall was covered with a dark substance and cement chips over brick, the garden slabs were covered in the same dark substance. The contractor turned up with a power hose and some fliud and
tried to clean up the floor. Consequently they made matters worse by creating black lines all over the paving slabs. this area and the damage to other areas I have stated were left. I then wrote to the process manager of Scart who are progressing the project with Sers the contractor involved. They then forwarded my complaint to the Sers managing director who visited the property and contacted the site manager who met me on the property where I had to point out once again the damage and mess they have created. They did come back and cleaned up the wall, they said that would repair the window sill they have cemented the chunk missing a bit crude but the weather will tone it down I would think, they have cleared most of the black lines engraved in the slabs, but have just pushed the black dirt-like substance into the slabs. Consequently, where we had a light grey slab we have now a dark granite type colour. I have written to the process manager of Scart who have brought up further our dissatisfaction with damage to the garden Slabs. Their response is that that's how they were when they first came to the property. At no stage have they even apologized for the damage to other areas or the property and would have been left if we had not raised this with the process manager. I am absolutely disgusted with their attitude, after allowing them access to the property for our neirbours work to be completed.
The best that they have suggested is paying for me to purchase any cleaning fluid I have bought which I have but unfortunately without any success in removing the damage they have done, for the record, they have stated
any expense must be covered with receipts, I mean we are talking £30 or so.
needless to say, I am fuming and want to proceed
with a claim against them in a small claims court upon total disregard in not providing adequate protection to the private property of which the owners have not entered into a contract with and causing lasting damage to garden
Patio area. I hope that you can obtain a clearer picture of the problem. Your response will be appreciated.
Patrick Boland
Customer: replied 15 days ago.
Just cancel my account, You have obviously not anyone capable of offering legal advice on my problem.
I do not want to pursue my problem with your firm. Patrick Boland. Cancelled today 01/05/2021

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Do you know what the cost will be to rectify the damage?

Customer: replied 14 days ago.
Thank you for your response, I am afraid that I was getting frustrated and not getting anywhere, my response was tongue in cheek and of course, I understand that Experienced learned Solicitors will be available such as yourself. The area that has been effected is around 36 sq metres. The options obviously are limited in restoring the colour to its acceptable pre-contractors work on my sister's property. the obvious is replacing slabs which would involve quite a bit of work and I am sure we would be looking at around £2.000 cost. I am also looking at suppliers of experienced stone cleaning providers and I would think we would be looking at around maybe £1.000. My sister is 87 years old and this attitude and behaviour of the company involved has caused her considerable upset and hence my determination to have them offer some compensation which currently they have dismissed. I await your advice and comments on this matter. Many Thanks Patrick

If the total reinstatement is under £5000 just raise proceedings in the simple procedure court. See Civil Online at www.scotcourts.gov.uk. The procedure is designed so that you don’t need a solicitor. The action will be based on the negligence of the contractor. You will need to get a couple of alternative quotes for reinstatement and repair of your sister’s property.  You can ask th4 court to allow you to be her appointed representative.

Customer: replied 12 days ago.
Many thanks, JGM your advice is much appreciated. You state that th4 court court to be my appointed Representative , how would this work regards Patrick

Look at the Simple Procedure Rules at scotcourts.gov.uk and from recollection the first rule covers lay representation.

Customer: replied 12 days ago.
JGM Whats your opinion on what I have told you patrick

You have a stateable case.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16797
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 12 days ago.
Pleasure