2Aug

Builder recovers £44,000 in dispute over defective work

A builder has recovered unpaid fees totalling £44,000 in a dispute with property owners over alleged defects in renovation work.

The owner had asked the builder to do certain works on their property. There was no written agreement.

 

The owners paid only part of the builder’s £57,000 fee and, when the builder brought proceedings, counterclaimed for defective work that had needed to be remedied.

 

The judge found that the evidence of a second builder, who had carried out the rectification works and gave evidence as to their cost, was unreliable. Instead, he accepted evidence as to cost from the single joint expert.

 

The judge disallowed the owners’ counterclaim in respect of rectifying work done to folding doors at the property, finding that the builder had not been responsible for their measurement and installation.

 

The total figure found to be due to the builder, after taking into account some work that was found to be defective, was £44,000 plus VAT.

 

The Court of Appeal has upheld that decision. It held that it was not possible to criticise the judge’s findings that the builder had not been responsible for measuring and fitting the doors.

 

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Case featured:

Builder recovers £44,000 in dispute over defective work

[2017] EWCA Civ 224
NATHAN CUNNINGHAM (T/A URBAN DEVELOPMENTS) v (1) RUPERT BUCKLEY (2) HEIDI MILNER (2017)
CA (Civ Div) (Longmore LJ, Lewison LJ) 04/04/2017

 

 

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