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Wording in contract

1 reply

diggadoonew · 13/05/2021 17:46

If I wanted to claim under section 75 for various items in a build that have been proven to be incorrectly installed, can I claim for those instalments and not dispute those that have been shown to be adequate and safe? For example, if the bill was 30k total but only the work covered in 3 of the 5k instalments was faulty, can I claim for just those if I have quotes to correct it and the original builder is ignoring their legal obligation to fix the problem?

Also-
If a contract states "the contractor is responsible for all liabilities" what does this actually mean?

OP posts:
prh47bridge · 14/05/2021 00:12

In answer to your first question, it isn't about instalments. It is about putting you back in the position you would have been in if the contractor had done the work properly. Your claim is for the value of the remedial work. Your three instalments come to £15k. If the remedial work is only going to cost £6k, for example, that is all you can claim. On the other hand, if the remedial work is going to cost £25k, you can claim that.

I wouldn't dream of answering your second question without seeing the full contract or, at the very least, the full clause from which this phrase is drawn.

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