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JGM, Solicitor
Category: UK Law
Satisfied Customers: 11423
Experience:  30 years as a practising solicitor.
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What is the measure of damages when a builder has left work

Customer Question

What is the measure of damages when a builder has left work incomplete and it will costs significantly more to take it to competion? The builder estimated £20k. I have paid £18K. The value of the works is £8K and it will cost me another £20K to complete. The builder has not only left the works incomplete but underestimated the cost.
Submitted: 1 year ago.
Category: UK Law
Expert:  JGM replied 1 year ago.

Assuming the builder's underestimate arises from negligence on his part and not as a result of latent matters which could not have been quoted for accurately and assuming that you have a fixed price contract for £20000 then you claim for damages is the cost to complete less £2000.

Customer: replied 1 year ago.
Thank you.Why less than £2000?Builder's original estimate = £20K
Builder has left the work incomplete
Independent company has valued the current works at £8K
To complete the works it will cost an additional £20K so total £40K
Can I claim the full £40K for the completion of the works because he underestimated the cost (provided it was a negligent estimate)
Expert:  JGM replied 1 year ago.

Because the original contract price was £20k and you have paid £18k. You are entitled to damages of an amount which places you in a no better or worse position had the contract been carried out correctly to start with.