Case against engineer dismissed - any other options?

modbhcci

Any legal eagle able to advise on ways to protest at the unfair treatment I received from an engineer? I brought a case against him in the (small claims) District Court but it was dismissed as the judge found that I got what I paid for. However as a consumer relwing on an expert, I didn't get what I needed. Any help, direction or otherwise

miju

well you'd need to provide a bit more info as to the nature of the complaint (without naming individuals / companies etc) as your post is very vague

modbhcci

I engaged the engineer to inspect my property as there were roadworks going on the road just outside my boundary. He did a report, advising me that there was damage to the boundary wall, and charged me for this plus a map and photos an advised me to see a solicitor. The engineer was paid in full. The solicitor asked me how much was the repair work going to cost and contacted the engineer. Well, this, I now know is another day's work and after waiting months for the engineer to give me a price (he was the only one who knew what damage occurred) I gave up on him and took him to the small claims court. The engineer is not a member of any association etc... and all I'd like to do is protest outside his door with a placard as I can't affordher legal / court appearances etc......
I got what I thought I wanted alright but not what he knew I needed. Help!

mikemac

Did you instruct the engineer to give a quote on what the damages would be in the report?

In your post all you mention is "to inspect my property".
I don't see anything about the engineer having to get quotes on repairing possible damage. Were you expecting this to be included for free?

So if you've given us all the info then it looks like the judge got it right and the engineer did what you instructed them to do?

Picket his office? grow up ffs.

miju

micmclo wrote: »

In your post all you mention is "to inspect my property".
I don't see anything about the engineer having to get quotes on repairing possible damage. Were you expecting this to be included for free?

So if you've given us all the info then it looks like the judge got it right and the engineer did what you instructed them to do?

sorry OP but gotta agree

EKRIUQ

Jees will the op grow up you got a job done, you paid for it, then you bring him to the small claims court. At least the Judge saw sence

foggy_lad

sounds from the info that the engineer did exactly as requested nothing more or less and while some engineers may have given away some free advice they are under no obligation and probably open to claims if their free advice etc is incorrect.

modbhcci

Hey, I didn't know what to do when I saw the rock breakers approaching fast and panicked. I'm obviously at fault for not being able to advise the so-called professional expert on how to do his job. Obviously, he was asked to advise on what he saw and he knew I had no business going to a solicitor without the cost of the damage done. This guy is very well versed in legal matters himself. It seems to me that engineers and the like have the upper hand when conducting their business.

dudara

foggy_lad wrote: »

while some engineers may have given away some free advice they are under no obligation and probably open to claims if their free advice etc is incorrect.

This is probably right. The engineer was paid to do a specific job. If he advised anything else outside the original specifications of the job, and he was ultimately wrong, then you'd be pointing the finger at him.

In fairness, you paid for a job and you got it. End of story really. I think this experience goes into the category of 'suck it up and learn'.

modbhcci

Should we be getting a second expert to check the first expert's work???? Where will it stop? You go to these people because you're in trouble and you don't know what to do and in a lot of cases what your rights are. Does anyone have the checklist needed when approaching this situation? And will the 'experts' run from anyone who pins them down on all the necessary detail?

Oryx

modbhcci wrote: »

Should we be getting a second expert to check the first expert's work???? Where will it stop? You go to these people because you're in trouble and you don't know what to do and in a lot of cases what your rights are. Does anyone have the checklist needed when approaching this situation? And will the 'experts' run from anyone who pins them down on all the necessary detail?

It comes across to me that you were asking this engineer to do additional work for free. He 'ran from you' because he didnt want to do unpaid work on top of what you originally asked. Your best plan at that stage would have been to ask him what his extra fees would be to cost the repairs. Or go to someone else who could.

In my experience engineers generally will advise you on problems but not specifically quantify repair costs, unless you have requested that type of report. One I used in the past was kind enough to give me a rough idea off the record but that was all.

I feel for you in your situation, you were inexperienced and relied on an expert, but at the end of the day it was your problem and you needed to educate yourself on what to do and who to consult. Your inexperience is not the engineers fault. I dont know of any checklist you can consult. But my approach is to read up as much as I can and ask for advice whereever I can when I come up against a situation Im not sure of.

modbhcci

No ... I didn't want him to work for nothing. He was back on site with a stone mason but I never got the cost of repairs and he is the only one who knows what the damage is. It's too late to involve another engineer even if I had the money. And don't forget, he agreed in writing to represent me in any action I proposed to take against the council who were doing the roadworks.

Oryx

That clarifies things a lot. But why is it all too late? And have you had any reson at all from him why he never got you a price?

delly

I don't understand how the engineer is the only one who knows what the damage done was, surely he provided you with a report of the damage?

Noelie

Shouldn't you get quotes for whomever is going to be doing the repairs? that's the best way to find out how much it will cost.

modbhcci

Well it was a tricky one to begin with and the engineer knew this. The boundary was already in a delicate state and damaged in places. He reported on further damage as a result of the roadworks but only terms he would understand. Nobody on this earth except him could figure out what exactly what damage he refers to in his report.

Random

modbhcci wrote: »

Well it was a tricky one to begin with and the engineer knew this. The boundary was already in a delicate state and damaged in places. He reported on further damage as a result of the roadworks but only terms he would understand. Nobody on this earth except him could figure out what exactly what damage he refers to in his report.

Maybe I'm wrong, but would he not use the relevent engineer-type jargon that other engineers and professionals in this field would understand?

DanGerMus

Get a builder to come look at it and give him a copy of the report (you should have got this) and he should be able to give you a price. As said already you got what you asked for he's not supposed to give you a price for work, not his job. This is generally the way it is done, sometimes the engineer might point youin the direction of a builder though.

modbhcci

No....it's not that simple. Thanks to all. The discussion was therapeutic. Let it be a cautionary tale for anyone facing a similar situation.