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Can I claim compensation?

(15 Posts)

Thank you. Once again, I really appreciate your advice smile

Chubfuddler Tue 16-Jul-13 19:57:42

You haven't done anything wrong. Good luck hope you get an encouraging response from the solicitor.

I don't think anyone would expect you to have double checked his measurements - he's supposed to be a professional exercising reasonable care and skill

That is a great relief.

In terms of proof for what we asked him for, I made a PowerPoint which showed both the original rooms and the new ones as being exactly the same size. I know this because I copied and pasted the shape I used! I seem to recall emailing this to him, I may still have this in my sent items. Certainly I still have the original file but the email would prove he was given it. I didn't write measurements on there, because I didn't want to introduce a mistake ha ha

Both DH and I, on several occasions, emphasised that what we required was for the width of the existing rooms to be replicated on the other side of the house.

Then came the plans for planning permission, which had no measurements marked upon them. It looked like it was what we wanted, but on plans that size, a 0.5m difference would have been tricky to spot by eye. Of course, we didn't notice it sad.

Finally came the building regs plans, with measurements for the new extension but not the existing rooms marked upon them. Only way I would have been able to spot the error would have been to measure the old rooms myself and then compare this to the measurement on the plan.

Chubfuddler Tue 16-Jul-13 18:17:11

sad

Hardly your fault. Wanker draftsman.

Thank you. I've submitted a query, we'll see what they say. Thank you Chub, you are helping me very much by responding. I've just realised the error, so a bit shell shocked. Oh, and gutted sad Dreading telling DH.

Chubfuddler Tue 16-Jul-13 18:14:51

Ah. Now that is really crap of him - you've got what you've got planning permission for, but it isn't what you wanted. I don't think anyone would expect you to have double checked his measurements - he's supposed to be a professional exercising reasonable care and skill. That's what he's paid for.

I've just spoken to the builder and he's told me that the measurements written on the plans submitted to building regulations are the ones they've built to. Which are smaller than what we asked for.

And so now I'm worried that legally we could / should have spotted this (presumably by measuring the existing room we wanted it to replicate ourselves and noticing that it was incorrect).

There are no measurements on the plans of the room we wanted replicated, iyswim, if there had been I would have spotted instantly that there was a problem.

Chubfuddler Tue 16-Jul-13 18:10:23

Not a recommendation, I don't know this firm from Adam. Just a google search result. Worth a phone call

www.professionalnegligenceclaims.co.uk/surveyorsandarchitects/

Chubfuddler Tue 16-Jul-13 18:07:47

I completely understand that. I would get a quote from the builder to undo what's been done so far and rebuild to correct dimensions then waive that under his nose. If you get 25% of it you'd probably be doing well.

Have you tried a search of law firms wh take on professional negligence actions? Even if you don't instruct one they often have pointers about what kind of heads of claim
are recoverable. He's clearly been negligent, no issue there. I just thinking demonstrating loss is going to be tricky.

No, you're right, there isn't a "loss" as such. Perhaps to the value of the property, given that it's 10m2 when you realise that it's 5m2 smaller upstairs as well sad?

I'm just gutted. I want compensation to, well, compensate me for the fact that he fucked up what we specifically asked for. It's both that simple and that complicated, perhaps.

Chubfuddler Tue 16-Jul-13 17:57:13

Firstly if he's a draftsman not an architect I wonder whether he's even insured against this kind of claim. Not much point if he isn't.

I'm in two minds about this (not the rights and wrongs of it, but the legal side). You've got an extension that isn't what you've asked for - bad. But I'm not sure what loss you can claim - it hasn't ruined your house. The design works - it doesn't need amendment in order to be physically capable of being built (if it did you could claim for the costs that have resulted from his fuck up). You've just got an extension that's 0.5m smaller than you wanted. I suppose if you absolutely cannot live with it you could get a quote for rebuilding and threaten to sue him for that, you might get something.

PS. please be gentle with me. I am gutted and furious in equal measure. Blaming myself for not taking my own sodding tape measure and checking the plans, blaming the draftsman for being a lazy slipshod twat and fucking up our request.

It has been built sad it is at the stage of the roof being finished and windows about to go in.

It was not done to accommodate our roof design, the draftsman created a roof design out of thin air that we didn't ask for that resulted in a smaller extension. We asked him to change it back to our brief, and in the plans he gave us it looked as though that was what he had done. But he hadn't enlarged it back to our original request.

MrsFlorrick Tue 16-Jul-13 17:22:46

You can change it. You don't need to reapply for planning but for a variation on your current consent. Look up on planning portal.

Change it don't just live with it and build it. You'll regret it.

Doubt you can claim compensation as it was done to accommodate your roof design.

Usually I hate the idea of small scale compensation claims, but this has left me gutted.

Long story short, we engaged a draftsman to draw some plans for a house extension. Briefed him verbally and with a basic plan drawn in PowerPoint. No measurements, we wanted him to take accurate measures himself. Which we thought he did (he walked around with a tape measure).

Plans and verbal briefing showed replicating one side of the house, so he had to measure the width of the rooms on the right of the house and then add them, exactly as they were, to the right hand side. Very simple.

First plans came, they weren't what we asked for. Second plans came, looked like what we'd asked for but no measurements on them. Got planning approval. Got building regs approval with plans with measures on, which looked what I expected to see.

Now the roof is going on, so no chance of changing. I noticed today that the extension is in the region of 0.5m too narrow. I suspect this happened between the first and second plan stage. First plans he'd made it smaller on purpose to accommodate a different roof design than the one we'd asked for. I suspect he just never changed it in the file.

We can't change it, but I am gutted. This is our dream home, and we've probably lost around 5 sq m of footage across the whole extension.

Can we claim compensation, do you think?

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