Burden of Proof question please

[Movinghouseatlast]

I have a very complicated issue with a builder who built a log cabin in my garden.

He did a really appalling job, and I ended up getting a full structural survey to try to prove to him that it is as bad as 3 separate builders said it was. He walked of the job as he had personal issues leaving it unfinished. We got builders in to quote to finish it and they told us how badly it was built.

The builder is now saying that the area of the garden where he built the cabin is dangerous. He tells us we need to have a specialist survey to prove the land is safe- the survey is £8k.

The builder is taking me to court for his final payment which I didn't make because the build was so bad. It is going to cost me much more to rectify his work than I paid him.

My question is around whether the burden of proof is on him to prove that our garden is unsafe or for us to prove it isn't?

He didn't mention any safety concerns when he took the job or for the 6 weeks of the build, only when we refused to pay him his last payment.

Thanks. I am very stressed about all this, it is a total nightmare.

Huh? He's a BUILDER ! Surely he should have not built it if there was an issue

Sounds like he's just bullying you.

Yes, that is our argument with him. Why build if it wasn't safe.

However he has told us to present a specialist survey as evidence in court. I want to tell him to get the survey if he wants one.

He can't force you to present a survey. If he wants one, he needs to get one. And I don't see the relevance. He hasn't finished the job and you have a structural survey to show that he's done a bad job. Despite this he is after final payment. I don't see that he has a chance. Are you suing him for return of some of the money you have paid already? If not, you should consider doing so unless the final payment is enough to cover the cost of the structural survey, the work needed to correct his bad workmanship and finish off the log cabin.

To answer your question, if he wants to say the land is unsafe it is up to him to prove that, on the balance of probabilities, it is unsafe.

Thankyou!

We will be counterclaimung yes, but it is complicated as the cost is over £10000 so will have to go through the fast track. He is a limited company so we assume he will just shut his company down if he loses. We are worried we will end up with even more expenses to pay out- which we don't have.

Thanks for your reply.