UK Property Law
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How much were you told that the bill would be and how much was it in the end?
In relation to the parking I was told the bill would be £250 for use of the parking for 4 months. I was told it had increased to £500 having been used for twelve months.
Why did it increase?
The parking was used by the builders for 12 months instead of the agreed 4 months. In an attempt to be reasonable my neighbour did not bill for the additional use of the parking on a pro rata basis
How firm was the completion date which was missed??
Very firm. A date was stipulated in the contract.
There was no specific agreement on how the bill would be paid. At the completion of works I asked if the neighbour had been paid and was asked for his details. The builders sent him a cheque directly. The neighbour then contacted the builder to say that the amount was insufficient given their continued use of the parking area. The builder said he should contact me, presumably hoping I would make up the difference at my expense. I made the additional payment to the neighbour because he was unhappy and I felt duty bound to do so as the matter related to my building works.
The builders bill was £7,900. I was previously prepared to pay this less the £250 without claiming the payment for the late completion of the works. Had I claimed it, and had they agreed to deduct it (unlikely given their way of operating) it would have been £2,800 less as the penalty stipulated in the contract was £400 for each of the seven weeks they were late.
Thank you. One last thing. The builder has also threatened me with costs. For such a small amount (£250) will they have to make any application through the small claims court, where I understand there to be no costs awarded?
You are absolutely correct,costs are not awarded in the Small Claims Court unless either party has beenunreasonable and you do have to be really really unreasonable to get a costsorder against you. It is extremely unusual.
Although, if you lost for any reason, you would have to pay his courtissue, costs and expenses for his day in court in many cases. If he instructssolicitors, he will not get paid those costs, and he will not get paid any timefor preparing the case.