Buildersmate or DanChip - Help appreciated!!!

[Nosha123]

Sorry to resurect an old post.. (the one re my awful neighbours you both contributed to recently!!)

but the neighbours have kicked off again today and I am feeling very worn down about it all.
The Surveyor went round yesterday to ask them AGAIN for the copy of the quote (they only bothered to obtain 1 though the agreement stated at least 2. They have also asked the decorator to do a load of other work while there - some of which they expect us to pay for. The Engineers report states clearly what wrok we have to put right and what we dont have to put right.

The Surveyor was so exasperated with their behaviour he threatened to walk out - they refuse outright to listen to him when he speaks and he mentioned that since they had not go the quotes asked for and had employed a decorator without our agreement they risk not getting all of their money back. They BLEW UP.. and have threatened us with their solicitor, they refuse to talk to me and say I am vile and poisonous. The decorator spoke with the surveyor and was swearing off about how awful they are and a pain in the A**. They want us to pay �2000 for the interior decoration which in my mind is WAY over the top - and how do I know that the decorator didnt inflate his price cos he thought they might be hard work!!!! HELP!!!

They are both losing their marbles - they apparently offered the decorator 5 cups of tea in half an hour!

How can their solicitor fight me - when we have not broken the agreement and they have. How can he fight me when they are so un-cooperative and obstructive.

They said they dont mind paying the decorator as long as they know they'll get all the money back.. which clearly they wont as they have decorated rooms not even affected by us!

If I have to fight them legally - how do I know I will win?? It cost me a fortune to fight them!

[sandmaster]

I know you want buildersmate or danchip but I have to ask - have you legal costs on your home insurance? If so phone their helpline.

[Nosha123]

Ahh now thats true.. I think I have a legal advice line with our bank account....

I do have a 'policital activist' who THEY employed to act for them and she dumped them like a hot potato and is now advising me. She is able to put me in touch with a lawyer who specialised in Party Wall - but obviously its not free!

I am sooo down in the dumps today... They are complete control freaks. The nasty old man even said to the Surveyor yesterday that he wanted to 'crush' our house we are building. How evil is that! I offered to pay for them to go away while the work is done - they turned it down - and were told by legal political woman that they had turned down our offer infront of witnesses and could now not retract that statement unless they could prove medically they could not stand living in the house.

He is a complete OCD control freak and the decorating upheaval is causing them upset - which is why its got bad again!

[Nosha123]

Thank you Sandmaster.. I have got legal advice for neighbour disputes and property.. so will try to call them a bit later when the boss isnt about!!

[Barmaid]

Nosha, this has all the hallmarks of going legal. I've read your previous thread and from what I can see there is an awful lot of stuff being done verbally. I would set out in writing (attaching a copy of the original agreement) the fact that you have now asked on X occasions for the extra 2 quotes and you have not yet agreed a price and unless they provide them, you will consider them in breach of the agreement and entitled to withhold payment. I think you should now make sure you commit everything to writing because this looks like it could end up in the Small Claims Court.

[Nosha123]

Thanks Barmaid.. there has been stuff done verbally - but also then confirmed in writing when things have been agreed.

I have a 33 page word doc of dates and things said and done - including emails and letters sent to them.

They are utterly bonkers and driving me the same way. How can a solicitor look at the bare facts and then agree to advise them to fight us - we have not disputed the damage caused and all the way along have bent over backwards to put it right.

I think they are the kind of people that want a legal fight over this and then the glory of beating us - but I dont see how they can win...

IIs it critical as to who takes who to court??? Do I need them to initiate the process?

[Barmaid]

Well you don't know that their solicitor does say they have a good case, but ultimately, a solicitor has to do what he is instructed to do by the client, however wrong he thinks it may be (unless it is criminal of course!).

You could, if you wanted bring an action for specific performance - ie get the two quotes out of them, but I think the Act provides the answer. I would have thought that your PWA would allow for each side to have a surveyor and would provide that in case of a dispute an independent surveyor be appointed as arbitrator. Even if it does not s10 of the Act provides what you should do linky here http://www.opsi.gov.uk/acts/acts1996/ukpga_199 60040_en_1#pb3-l1g7. Looks to me like you need to get them to appoint a surveyor and then appoint a third surveyor to determine the award.

Go through the above - and get your surveyor on board with this. Then let them bring court proceedings - as the claimant, they have to prove it - you can defend it on the basis of 1) breach of agreement and 2) breach of statutory requirement. You will still have to pay them something, but I would not have thought it will be as much as they are trying to claim. Thus you need to try and get an assessment of the cost of the work and make them an offer on that basis. It could put them at risk as to costs.

[Nosha123]

Can I get an injunction to stop their decorator finishing the work since it goes against the agreement

[Nosha123]

Sorry Barmaid - to keep asking you questions - but since you seem so knowledgeable...

Can they sue for compensation for 'loss of enjoyment' (again the damage caused and the repair work we did was absolute minimal!!! They decided to decorate the whole house not us - and are upset by all the upheaval.

I am told by my legal helpline that it sounds like we have a strong case - and that Small Claims Courts - you tend to bear your own legal fees and not pay for the other parties fees.
Is this right? I can see this going legal - but dont want to be the instigator - so was going to take the stance Danchip advised - ask them for their quotes again, when they dont provide - get my own done based on report and make an offer - less the amount they cost us of �900 for loss of hire costs in October.

[Barmaid]

I wouldn't have thought you would get an injunction - it's their property after all. Just make sure you place on record that if they continue it is in breach of the agreement. yes by all means ask for the quotes again, but s10 of the Act provides the answer.

Generally in the SC court, you don't get costs (other than fixed costs), however, if the other side have been unreasonable you CAN get costs awarded (and I have done frequently).

Contract law does not provide for loss of enjoyment apart from in special types of cases (such as holidays etc). This would be a "special" type of case, but given that they have decided to have a wholesale decoration they are going to have to prove that the stress is entirely down to you rather than their unreasonable decision to profit at your expense.

[Nosha123]

They only seem interested in involving a Solicitor not appointing their own Surveyor... They just seem intent on sueing us!!

I will see what tomorrow brings then draft a letter stating they are in clear breach of agreement by allowing and employing the decorator without our prior agreement.

If they go for loss of enjoyment - then my diary states that there are long periods where the delay was caused by them not us - and that we have done everything as and when we have said we would do it. No deadlines have been missed on our part.

Do you think I should employ a lawyer then to fight them? The one I have been recommended specialises in Party Wall Law and I think costs �120 per hour!

They have been unreasonable all the way along - and are now saying they want to 'crush' our house and have been slandering my husband to people in the local coffee shop saying he is a cowboy builder.

[Barmaid]

�120 an hour is cheap!!!

Up to you whether you employ a solicitor. my view is you need to go down the s10 route first though.

[Nosha123]

They have already contacted the second Surveyor who is named on the Agreement but he no longer works and is retired.

Does this make our PWA invalid now? Or do we need to issue a new one with another Surveyor on there

[Barmaid]

Without actually seeing the agreement, I doubt it invalidates it (if it does whoever drafted it should be shot). S10(3) states (3) If an agreed surveyor�

(a) refuses to act;

(b) neglects to act for a period of ten days beginning with the day on which either party serves a request on him;

(c) dies before the dispute is settled; or

(d) becomes or deems himself incapable of acting,

the proceedings for settling such dispute shall begin de novo.

Thus they need to appoint another surveyor.

[Nosha123]

I know Zac.. sorry - just the threat of legal action scares me a bit - and this has been hanging over our lives for nearly a year now - I feel bad that they are so unhappy - but have seen through them now and they are two very bitter spiteful people. I think I am so used to having lovely neighbours - that when the people right next door hate me with such venom.. it makes me unhappy!

I'll try to find something else to worry about Zac... try to be more positive too!
Thanks
;-)

[buildersmate]

OK, I've followed this through, but since it is turning into a legal issue that barmaid is more able to help you with (and not really about the Party Wall Act) there isn't much I can add.
You know, of course, that they are operating way beyond how the Party Wall Act is supposed to work. And from what you ahve said, you have played correctly down the line on all counts. Good luck. BM

[paraffin]

Hi Nosha:

"Sorry to resurrect an old post." I don't think you're sorry at all.

I say that because I've looked back on your other posts about this only a few days ago and to be honest it's been absolutely done to death.

All sorts of people have contributed trying to help and give you advice but still you come on bleating non stop about this.

To be perfectly frank, you're either the biggest wind up merchant around or the most helpless and hopeless individual going! I'm not sure which.

Answerbank is certainly a question and answer facility but how many answers do you want? And how many times can you moan and drone on about the same damn load of twaddle?

Get a life!!!