Small Claim

Bryando

Hi,

I am exploring taking somebody to court(Scotland) regarding poor workmanship. Does anybody know where I can go for an independent report ? I imagine this would be better than pictures and my partner giving evidence.

Blackbeard_of_Perranporth

Welcome. You will need to enlighten us on the problem, but normally you will have to pay someone to produce a report to say what the defect is. This costs you money.

But as a guide, if inanimate object is worth £20. Is it worth it!

But if inanimate object is £2,000, it is worth expending money. Just because someone inn the Bridge Inn says it is, does not mean the learned folk will agree.

bris

An independent report can come from a reputable tradesperson in the trade where the problem lies.


Have a look on one of the trusted tradesmen websites for people in your area, there are a few sites to pick from such as ratedpeople.com etc.

Bryando

The tradesman is saying by law I need to give him the option of doing the work again. Yet Citizen Advice told me way back no I don't. This is my house and if I don't want him back that is my right. He has provided a quote from CAB website saying I need to give him the option. But I think it relates to something else. Anybody clarify. The work was done before the new consumer law started last year.

pinkshoes

In general, you would have to give the person a reasonable opportunity to put right the problem before court action.

It would not look favourable in court otherwise.

Obviously it depends what this person has or hasnt done!!

Undervalued

Bryando wrote: »

The tradesman is saying by law I need to give him the option of doing the work again. Yet Citizen Advice told me way back no I don't. This is my house and if I don't want him back that is my right. He has provided a quote from CAB website saying I need to give him the option. But I think it relates to something else. Anybody clarify. The work was done before the new consumer law started last year.

Scottish law may be slightly different but in England it all comes down to what is reasonable.

Generally, as Pinkshoes has said, a tradesman should be given an opportunity to correct the problem. If you don't do that you will need to convince the court why it was not reasonable to allow him to do so in this particular case. There can be good reasons but you will need one.

Blackbeard_of_Perranporth

OMG, hope he is not a roofer!
https://forums.moneysavingexpert.com/discussion/5395900

unholyangel

No ones going to be able to tell you whether its reasonable not to give him the chance to fix it without knowing the details.

A breach of condition allows you to repudiate a contract, a breach of warranty (not used in the same sense as manufacturers warranty - its a legal term) does not - it only allows a claim for damages.

Depending on what the contract was for and what has went wrong (and how substantial the breach is to the contract itself), then you may be perfectly right not to allow him an opportunity to fix it. But if its something relatively minor, it may affect your case adversely - possibly by not having costs awarded to you, having costs awarded against you or in extreme circumstances, losing your case and having costs awarded against you (although costs are limited in small claims).