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Incorrect information from structural engineer

For the past year I have been seeking advice on how best to knock down a wall between our kitchen and lounge to make a kitchen diner.

Having spoken with a number of builders and a structural engineer, each giving a superficial inspection of my home, I knew that I needed to find out if the wall was load bearing. This was due to a solid bathroom wall on the floor above. I was advised to cut into our kitchen ceiling to see which way the rafters run. As I discovered they ran perpendicular to the main beam, I had understood this was a strong indication that the wall was not load bearing.

I asked a second structural engineer to visit. I shared with him the previous conversations I had had, and showed him the two incisions I had made in our kitchen ceiling. As he continued his inspection, he told me verbally it was actually a load bearing wall. He told me this was because the bathroom wall was above. There was no mention of this being a possibility, even when I pointed out this was different to what others had said.

As a result, I trusted the SE’s judgement. He went away and made the calculations for a suitable RSJ etc. It was only once I paid for the plans and calculations, was there some small print saying that if the contractor finds the wall not to be load bearing, contact the SE.

I passed these to our builder, a contractor for a big DIY chain. When the work began, the builder discovered it was not load bearing. However, the builder had set up the materials and man power, without then needing this. The SE and Building Control have confirmed the wall was not load bearing.

The builder is now telling me I will have to cover the cost of this. I have not fully paid the builder as yet. What would your advice be re: the SE and the builder? I believe the SE has not performed their job with care or skill, as stated in the Consumer Rights Act.

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