A group of neighbours are suing a Sutton supermarket they say has kept them awake with late night construction work.
Residents in a block of flats in Sutton Park Road near the Morrison's in the town centre claim work on the shop's car park has gone on overnight on more than one occasion causing them to lose so much sleep they were unable to go into work the following day.
Peter Aires said work on the car park went on between 8pm and 5am on Sunday, July 20 and Monday, July 21 causing him to miss two days of work and he, along with other neighbours affected, have written to the supermarket asking for compensation.
Mr Aires said: "It's very noisy even with the windows closed but when it is so hot, you have to have the windows open.
"It feels like they do it at night so they can keep the car park open during opening hours without giving any thought to the neighbours.
"It has gone on until 5am and 6am on consecutive days. It is terrible and it caused me to take two days off work where I was having migraines."
The neighbours have been backed up by the buildings owners AmicusHorizon, which said it was able to reach an agreement with GoGym, which is also nearby, and hopes to be able to do the same with Morrison's.
Michael Cleaver, director of home ownership for AmicusHorizon, said: "AmicusHorizon knows how intrusive this type of noise can be. We support our residents at in their attempt to reduce the impact from Morrison's.
"We’ve worked with residents and GoGym to reduce the noise from the fitness equipment on the ground floor.
"We really hope Morrison's can follow GoGym’s lead and find a solution to help improve the situation."
A spokesman for Morrison's said: "We understand the frustrations of our neighbours regarding the works to our car park.
"It forms part of necessary maintenance for our well used customer car park which we have substantially invested in to improve its condition and durability.
"Due to the nature of the refurbishment, we have had to work during the evening on a few occasions.
"Our onsite team have strived to minimise disruption and have kept our neighbours informed with regular letters detailing the works and highlighting any expected disturbance.
"We expect that work on the car park will be complete in the next few weeks and want to thank residents for bearing with us.”