How serious are these problems re new patio?

[ImayKnow]

I haven't suggested that he does. My advice is to avoid going to court. But as far as small claims are concerned, expert reports aren't essential. Taking detailed photographs and writing a clear description of the problems is usually sufficient for a dispute of this size. The evidence requirements in a small claim are not as rigid as in other courts. Judgement is made on the balance of probability. Spending a significant sum on an expert report for a claim of a few hundred pounds might not be viewed favourably.

The trouble with SC courts is the adjudicator may not have any knowledge of the subject matter, and could, for example, look at those photos and think 'it looks very nice' hence professional independant reports would have a significant amount of influence in the ruling. This particular issue could well end up in the SC Courts.

 

[Deleted2797112]

The trouble with SC courts is the adjudicator may not have any knowledge of the subject matter, and could, for example, look at those photos and think 'it looks very nice' hence professional independant reports would have a significant amount of influence in the ruling. This particular issue could well end up in the SC Courts.

The judges in small claims don't need to be experts in everything. That's not the point of small claims. They see dodgy dealers every day of the week and, in my experience, are quite adept at recognising a wrong'un. It doesn't take a genius to look at those pictures and see what's wrong. It will only end up in court if both parties allow it to. That would be a bad idea.

 

[ImayKnow]

The trouble with SC courts is the adjudicator may not have any knowledge of the subject matter, and could, for example, look at those photos and think 'it looks very nice' hence professional independant reports would have a significant amount of influence in the ruling. This particular issue could well end up in the SC Courts.

The judges in small claims don't need to be experts in everything. That's not the point of small claims. They see dodgy dealers every day of the week and, in my experience, are quite adept at recognising a wrong'un. It doesn't take a genius to look at those pictures and see what's wrong. It will only end up in court if both parties allow it to. That would be a bad idea.

The fact the adjudicator does not have any experience is a problem in itself in disputes of a technical nature in the SCC's, hence reliable professional backup can only help the case. I agree it is not necessary, but it goes a long way to help your case if one party isn't being truthful. SCCs are great when it is a point of law which is the issue, but for more technical cases they can be hit and miss. I been to a few myself

The good thing is they are a cheap process, so it's worth getting that report, and claiming back the costs when you, hopefully, win!

 

[Deleted2797112]

I think labelling this as a dispute 'of a technical nature' is over-egging it a bit Stripped bare, it's just a few bumpy paving stones with crooked joins that the OP has paid nothing for. But I think we'll have to agree to disagree on going to court. I think it's a bad idea, you think otherwise. Such are discussion forums.

 

[ImayKnow]

No, no, no!!! I don't think going to court is the best way to resolve this, but if one party is trying to cheat the other and won't remedy the situation, then there may not be any alternative, what I am saying is get the correct backing if it does go to the SCC. You don't have a right to appeal the judgement, unless it is on a point of law, so if the liar is believed, you are stuck with the verdict!

 

[masona]

View media item 63070
For a start the paving slabs should be 150mm below the dpc level which is now allowing the rainwater hitting the ground & splashing back up over the dpc

Example,

To get round it below,

Or this way

Or this

 

[mouk]

You dont need an experts report if you can demonstrate the work has not been carried out with reasonable care and skill (as per the Supply of Goods and Services Act 1982) - reasonable care and skill does not mean a perfect job but one which a competent person in that field would do - i.e a good or average job.

All you need to demonstrate is that he has done a poor job - one problem is that there is no legal standard for patios - so all you can do is rely on best practice. Some things are very easy to criticise - such as the lack of a solic base, the weird slope and the pattern.

Essentially you will need to balance the cost of the work he has done against the cost of having it put right to decide what to pay him.

As others have suggested - if the contract is definitley dead I would pull the slabs up now - ideally you should give the original tarder a chance to rectify but if this is not going to happen then I wouldn;t let the slabs set.

You only need to worry about court if he makes a claim - and that is where it will be handy to have taken lots of pictures.

 

[ImayKnow]

Surely the OP wouldn't have asked for views on here about the quality of work if he knew it was not of an adequate standard?

I wonder if the OP asked for and took up any references?