Dispute with builder - ADR

Gwalker

Hi I've been searched on Google but couldn't find what I'm looking for. Hopefully anyone here can help me please or maybe have been in the similar situation.

We are having dispute with our builder at the moment for his faulty works. We sent him LBA last week requested for refund as he was failed to fix his work within given timeline. We also want him to pay for the damage he has done in our property whilst he was doing his work. (He broke our garden stuff, he never cleaned up and our driveway is covered in concrete, etc). We offered him to settle the dispute through ADR if he is part of any ADR scheme.

To be honest since this is our first dispute with tradesmen, we don't have a clue how ADR works.

Today we got an email from him saying that he is agree to settle through ADR for his faulty works. But he is refused to pay for the damage he has done and refused to settle that problem through ADR. 

My question is, can he pick and choose what issue he wants to settle through ADR scheme? I don't understand. I thought if we bring this to ADR we have to settle all the issue we wrote in our LBA?

And also he didn't say anything on his email about which ADR he wants to use. Does it mean he expect us to pay for the ADR as well? We said on the LBA we will take him to court without further notice if we don't receive satisfactory response from him in 14 days. Should we just submit the claim in small claim court as I can't be bother arguing with him on the email.

Any answer would be greatly appreciate. Thank you.

pramsay13

Why did you offer to discuss through ADR if you have absolutely no clue how it works.
This will probably work against you if you go straight to a small claim as it looks as though the builder is willing to work with you but you are just ignoring that.

TELLIT01

I'm no expert, but as he has agreed to ADR would that weaken your case if you decided to try to go to court at this stage?

Gwalker

pramsay13 said:

Why did you offer to discuss through ADR if you have absolutely no clue how it works.
This will probably work against you if you go straight to a small claim as it looks as though the builder is willing to work with you but you are just ignoring that.

Because that's what CAB advised us and also I've looked on Google that it's part of pra protocol before we submit claim to court.

But he is refused to pay us back for all the damage he has done in our property? How is that he is cooperating with us?

I don't want to ignore his email, but I can't be bothered arguing with him. We have explained so many times about the damage. Showed him the damage and sent him the pictures as well. But he still refused to pay us. What else we have to reply him? 

And also as we said on LBA we are willing to resolve the issue through ADR if he is part of any ADR schemes. So I expect he's the one who has to book them.

Gwalker

TELLIT01 said:

I'm no expert, but as he has agreed to ADR would that weaken your case if you decided to try to go to court at this stage?

But he didn't say anything about which ADR he wants to use. And he only agree to settle half of the issue through ADR. I don't understand how he can pick and choose the issue he wants.