Suing Builder - advised to Mitigate losses

[celsius]

Hi All,

I had a sunroom extension built approx 4 years ago by a local small time builder. Problems appeared within a few months of completion with displacement cracking of the plaster. Subsequently further movement of the walls outward due to the loading of the roof and continuing subsidence have made demolition and rebuild the only option. I have two damming Engineer reports outlining the faults, and recommending a rebuild as the only viable solution.

Our solicitor has advised that we should proceed with the rebuild ("to be seen to mitigate our losses") and then sue for compensation. We have a quote for 30k to re do the work.

Why do I have to try raise the finance up front again & What if I cant secure another loan?

What further losses am I mitigating ?, as the original sunroom is structurely unsound, dangerous, and beyond repair, as documented in the Engineers reports.


The builder did under- pin approx two years ago but the movement has continued. Verbally agreed that he would knock and rebuild approx one year ago,under our engineers supervision , but has not followed up - at this stage agreed with our solicitor that we would not be prepared to have him do the work.

Would be good to get any views or advice.
Thanks,

 

[MOB]

"What further losses am I mitigating?"

Possible damage to the fabric of your building? Continued loss of amenity, in that you don' t have a proper sunroom?

Building disputes are a real pain. In your solicitor's position I would certainly be hoping that this case would settle. Your solicitor will not enjoy this file - it is one case where it would be no harm to set milestones\goals for the progress of the case to court and to keep gentle pressure on the solicitor to meet these goals. (I am assuming you were not foolish enough to do a 'cash deal' with the builder at the time.)

Good luck with it.