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Fencing

client threatening small claims court on fence I erected 5 months ago

Anonymous user 28/02/2024 - 3.21 PM

I've been a landscaper for around 6/7 years and never had any major customer disputes or threatened with court. I've done lots of fences and have many very happy regular customers. I erected a close board fence for a client in Jan 2016 but now 5 months down I am being threatened with court. Wooden post fence attached to concrete spurs which are concreted in the ground. Well now there are 3 posts leaning over a bit. The client has had a "surveyor" round to have a look from a "reputable fencing company" and has listed some faults with the fence. I have asked multiple times via email and in person for copy of this report and the name of the person/company who had a look but they won't tell me. Makes me think they've just got the builders working on the house to look at it. I had my old boss with 40 year experience in the industry have a look and he thinks combination of wet ground and wind has made these posts lean over a little bit. Majority of the fence is pretty solid and upright. They want me to cover cost of remedial work or defend the job in small claims. Just want to know where i stand legally. and some advice would be much appreciated

Are you a tradesperson and able to answer this question?

2 Answers

Anonymous user

They have to supply you with a copy of the report, without which they have no course of action. Ask them to supply you a copy of the report, and if then they don't suggest you will be instructing an independent inspector to check the work, if they are being less than honest you will see them make so many excuses for why you can't do this if this happens just chalk it up to a bad customer and they will more than likely go away, just make sure to keep any correspondence between yourselves it will benefit you if they decide to waste £400 to take you to court.

Answered9 June 2016

Freshscaped Ltd

Rating: 5 out of 5

Batley

Regardless of who they commissioned to take a look at the fence, you have to be offered a reasonable chance to put right any issues should there be genuine faulty workmanship. If instead they decide to pursue a claim in the courts instead their case is significantly weakened already. Added to which, in essence what CS Flooring has already stated, they will have to provide you with copies of all written evidence at least two weeks before the hearing or they will not be allowed to present it to the judge. I do not know the basis for the £400 costs estimate. Court fees vary dependent upon the size of the claim being made and you haven't told us that. Nor do you need to. Your question underpins the case for joining a professional association. There are several to choose from within the landscaping and gardening industry. You will find at least some of them have a legal advice service you can call upon and get proper legal advice without any additional fee above your membership fee, rather than having to rely upon another contractor's ramblings (mine, for instance, not being properly legally trained). I have found BALI's legal services invaluable from time to time. Two instances which spring to mind are advising on a client dispute in one instance and giving me guidance about how to cover our legal responsibilities properly when employing someone in the other.

Answered8 August 2016