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Wondering if anyone here knows about litigation?

29 replies

DumbledoresGirl · 22/04/2008 11:03

Long story and I am too upset to go into too many details, but to try and explain:

3 years ago we bought a house with extension potential. It is very old and has been added to repeatedly over the last 200 years so a very complex building but we wanted it as it had outbuildings which we wanted to convert into further accommodation.

Employed an architect to draw up plans. Architect was useless - completely failed to understand the building. Dh ended up doing most of the plans before they were submitted for planning permission. We paid architects a fee that literally ran into £1000s. Were extremely pissed off with their efforts and declined their bid to project manage our build.

Planning permission obtained. Went to someone else for building regulations, which we also obtained.

Finally had enough money to start project and managed to get a builder, electrician and plumber on board (no mean feat in itself).

Builder was going to start on 7th April but we were away so we agreed a start date of 21st April (yesterday).

Builder then had to delay that start date but yesterday we had a man out from the electricity board as our meter needed to be re-sited. In the course of that man's visit, he noticed we had an electricity pole and cable about 1.5 metres from the outbuilding we are planning to convert. Apparently, electricity cables must be minimum 4.6 metres from a new build/conversion. Man said it might take 12 months to re-site cables. As he was saying this, our builder was ringing us to arrange a new start date.

But now our plans have fallen around our ears. We cannot start a single part of our extensive plans as they are all inter-dependent on each other. We might have to delay the work for 12 months by which time our planning permission might have expired. It was the architect's job to tell us about the power line and advise us it would need moving. He did not do this.

The question is: could we/ should we think about litigation?

Dh is desperately trying to find some way round this problem so our extension can go ahead as planned this spring, but all I can see is that our dreams of 3 years' duration have been ruined. Anyone got any advice?

I know there are worse problems than this, but I am still in shock and feel absolutely gutted.

OP posts:
iheartdusty · 22/04/2008 21:58

It's obviously attractive to reach a deal and move on quickly, but also worth bearing in mind that if you do decide to sue, you have 6 years from the date when you suffer loss as a result of the negligence; which sounds as if it might start round about now, because you have to defer your start date.

so you could see the build through, then you would actually know what extra it had cost you as a result of not being informed about the pole at the outset.

mediation can be a really excellent alternative to litigation. There are lots of very professional mediation providers around who specialise in this sort of modest-value professional/ building type dispute.

Cosette · 23/04/2008 18:58

In answer to your question DDG, I am a Les Mis fan - well spotted

DumbledoresGirl · 23/04/2008 19:43

It takes one to know one Though I prefer Fontine's (sp?) songs.

OP posts:
Cosette · 23/04/2008 20:15

Yes me too, but I was looking for an MN name, and preferred the name Cosette to Fantine, but maybe I should see whether it is also avail and keep it for a future namechange..

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