It is not small claims court if his claim is over £10,000 since 1st April. He will recover costs if he wins or will have to pay your costs if you win. The fact that you are counterclaiming can put it over that limit. However he will only get his own costs back (£18/hr)if he asks and he wins and it is over £10k. He pays yrs if he loses. He might bottle it if he knows that and it gets moved to fast track! That is in yr hands
You need an electricians report and builders and other experts reports saying what is wrong, and how much it will cost to rectify. The success or failure of yr case depends on those reports
You need to reply with a complete breakdown of events, times, occurrences and problems.
Even if you sacked him completely unreasonably (why would you do that if you were having to pay someone else more?), he is only entitled to recover his loss of profit, not be paid for a service that he didn’t provide. That includes any extras.
It appears he was originally not going to declare this to HMRC. If you can prove that. It makes his claim unenforceable for illegality.
If he quoted £15k and it costs you £19k, you can counterclaim the extra £4k from him which you had to pay.
Your defence is that he is in breach of provisions of Supply of Goods and Services Act S13, He didn’t carry out the tasks with reasonable care and skill and S14 He didn’t carry out the tasks within a reasonable period of time (evidenced by his deadline failures which made time of the essence)http://www.legislation.gov.uk/ukpga/1982/29
If he does pop his limited co sue him personally and let the judge decide if he is culpable. You can sue him personally if the Ltd Co is actually his alter ego, ie He is hiding behind the ltd co.
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