Small claim advice
Discussion
A business I completed work for is disputing the quality of workmanship, I believe they have sabotaged it but can't prove it. They have said they will take me to court over it, the work was completed 3 years ago (welding), I believe they are hoping il cough up and give them money of some degree.
Any of you chaps able to advise what type of court this would be heard in - (civil?) ? Small claims? Anyone else been down this road and represented themselves? The bill for the work originally was £5500 - they havent stated how much % they want in compensation. The 'fault' they claim looks like someone has purposely cracked it with a hammer but refuse for me to inspect the work (pictures sent only on email). They said they have since had another company in and rectified the work and want me to pay for the bill plus give them compensation on the original work!
What happens in cases like this? Is it luck of the drawer for what the judge will say on the day? As it is his word against mine and I can't prove anything.
Any of you chaps able to advise what type of court this would be heard in - (civil?) ? Small claims? Anyone else been down this road and represented themselves? The bill for the work originally was £5500 - they havent stated how much % they want in compensation. The 'fault' they claim looks like someone has purposely cracked it with a hammer but refuse for me to inspect the work (pictures sent only on email). They said they have since had another company in and rectified the work and want me to pay for the bill plus give them compensation on the original work!
What happens in cases like this? Is it luck of the drawer for what the judge will say on the day? As it is his word against mine and I can't prove anything.
I think you'd be fine if you rebut the claim on a few accounts:
The work was done 3 years ago, what would be a reasonable period of time for this to last? - how long do you normally warrant work for?
They did not give you a reasonable opportunity to inspect or rectify any issues - pretty fundamental really
Was the customer a business or private individual?
ETA - not a lawyer but this would be my starting point for defending something.
The work was done 3 years ago, what would be a reasonable period of time for this to last? - how long do you normally warrant work for?
They did not give you a reasonable opportunity to inspect or rectify any issues - pretty fundamental really
Was the customer a business or private individual?
ETA - not a lawyer but this would be my starting point for defending something.
Business, it is a local council. I strongly believe the person bringing the 'claim' has purposely sabotaged the work and has a personal grudge against me.
Work is warrantied for 1 year. Item would be expected to last around 5 - 8 years.
Yes the fact they havent allowed me to inspect it and have got somebody else in goes against them.
The last contact I had they said they were sending it to their "legal department". Im hoping that if it does go to them then I can talk face to face with someone and they will see sense.
Work is warrantied for 1 year. Item would be expected to last around 5 - 8 years.
Yes the fact they havent allowed me to inspect it and have got somebody else in goes against them.
The last contact I had they said they were sending it to their "legal department". Im hoping that if it does go to them then I can talk face to face with someone and they will see sense.
Was there any specific "standard/code" that the work was to be done to, did they review/approve your method/work statement for the welding you did, did they specify any specific welding qualification that was needed?.
Do you still have a copy of the contract or information on what they wanted welding up??
Do you still have a copy of the contract or information on what they wanted welding up??
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