Difficulty in having a survey done for substandard plumbing works

shapala

Hi all
Hoping someone may be able to help.
We had an awful experience for our new, albeit a Victorian apartment, with a plumber (works done within the past year).
We contacted a solicitor saying action will be taken against him in terms of compensation as vast amount of the works now need to be completely re-done by a 'qualified' plumber. Costings will be circa £8k. Work will begin in September with the new plumber we've contracted. To give an idea of the issues, we can't use the newly installed GCH system for instance and leaks in bathroom have gone to downstairs flat (there are MANY other issues).
Anyway, the solicitor has mentioned that one good course of action is to have an independent survey done to assess the issues in case it goes to court to use as ammunition against his company. Solicitor has said whatever the costs of rectifying and repairing the works will go straight to him, in which we're in agreement with. The issues are clear to see and numerous. I've contacted a good number of local surveying companies the past few weeks and they've either not replied or have said it's not something they are not willing/can't do.
Any ideas or is it something we possibly wouldn't need anyway if indeed it does go to small claims court? 
Thanks in advance for any help on this one.

dogshome

You all ready have an 'Expert', (Hopefully), and that is the guy you are employing to put matters right - First check his qualifications - Gas Safe Qualified etc - And get him to build up dossier with photographs of each problem as he finds them 

nofoollikeold

1. The difficulty with using a plumber to whom you are going to give the rectification work is that his opinion may be seen to be biased should the case go to court.
2. In my view you might be better advised to use an expert witness with specific knowledge of plumbing.  Your solicitor may be able to find you one, if not there are registers of experts, accessible via the internet.   The downside is that he or she are likely to cost significantly more.  
3. I appreciate it is a lot of money, but you might also consider how significant it is to the original installer.  If its a large amount for a small limited company, then unless they have insurance cover, they may well go into administration, leaving you with nothing.  If it is a relatively small amount for a large firm, they may pay up or at least negotiate.  

Owain_Moneysaver

CIPHE says

If you are acting on your own and the value of the claim is under £10,000.00 it will almost certainly be categorised as a Small Claim. It is unusual to have expert witnesses/ advisors in Small Claims and in fact you need the permission of the court before you can engage one and rely on the expert's evidence.

but they do have a list of expert witnesses
https://www.ciphe.org.uk/consumer/expert-advice/

shinytop

I Owain_Moneysaver said:

CIPHE says

If you are acting on your own and the value of the claim is under £10,000.00 it will almost certainly be categorised as a Small Claim. It is unusual to have expert witnesses/ advisors in Small Claims and in fact you need the permission of the court before you can engage one and rely on the expert's evidence.

but they do have a list of expert witnesses
https://www.ciphe.org.uk/consumer/expert-advice/

I took a painter and decorator to court with a small claim, submitted an expert witness statement as part of my evidence, and won. Nobody said at any stage I couldn't and the judge definitely read it.  

silvercar

Did you give the first plumber an opportunity to correct his work? The court may expect you to have done so, particularly if he turns up in court and says that he would have corrected mistakes if he had the chance.
(I appreciate you may have lost faith in his abilities, but you did engage him in the first place)

Mistral001

You will probably need the services of a chartered engineer.  Look up M&E Consulting Engineers.  They are the people who design and supervise the construction of electrical and mechanical services, including plumbing, in large buildings.  They are sometimes called Building Services Engineers.  For the report to carry weight in the courts, it will need to be someone who is chartered.  Look for CEng after their name.

shapala

Thanks for all the replies everyone.
@silvercar We absolutely did lose faith as he never turned up, 3 weeks of works (included in his quote with date to finish) took 4 months and mostly done by joiners, rather than him undertaking the plumbing work. He also verbally threatened my wife demanding final payment when she was on her own in the flat which left her frightened. Solicitor says no reason to have him return under these reasons (and obvious substandard workmanship, lack of timelines, cost for us to live in temp accommodation etc).
Looks like it will cost a bit to have a chartered surveyor in but will be a factor if we take him to court (which we likely will).
Solicitor has gone after him in his name since he's not a limited company and also mentioned he hasn't paid ANY tax since he started his business a few years ago (dodgy to say the least). I've asked HMRC and they can't see anything on him/his company/addresses on file etc.
Thanks again everyone.

silvercar

Solicitor has gone after him in his name since he's not a limited company and also mentioned he hasn't paid ANY tax since he started his business a few years ago (dodgy to say the least). I've asked HMRC and they can't see anything on him/his company/addresses on file etc.

Has he got any money? If he has nothing then you won't get anything. If hmrc make him bankrupt for not paying outstanding taxes, you will get nothing.

shapala

silvercar said:

Solicitor has gone after him in his name since he's not a limited company and also mentioned he hasn't paid ANY tax since he started his business a few years ago (dodgy to say the least). I've asked HMRC and they can't see anything on him/his company/addresses on file etc.

Has he got any money? If he has nothing then you won't get anything. If hmrc make him bankrupt for not paying outstanding taxes, you will get nothing.

Considering he rents a £600k house then I'd say he's doing alright.

He has also just added to his profile on FB a new biz address he's moved to, so is both renting a very nice house and working out of an office..