Extension really badly finished - builder threatening court action

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This is a little long winded so my apologies straightaway. I am also going to be a bit vague as you just don't know if either the builder or his family are members of MSE!!!!

I am so fed up, my husband and I have spent our complete life savings on a two storey extension containing our kitchen, utility and wc downstairs and a bathroom upstairs.

The builder was recommended to us by good friends who had a bit of work done by them but not as extensive as ours.

The demolition of the original single storey extension started the week following the Easter weekend. So from then we were without a boiler, central heating but were lucky enough to have a (rubbish) electric shower and toilet in a tiny shower room. This was dismantled during the middle of June.

The construction work that followed was neat, tidy and progressed quite quickly, the building inspector visited on a number of occasions and was pleased with all the work going on. All of the work was regulated by the council with regards Building Regs and Planning Permission. I have a couple of Building Surveyor friends who checked the build and were impressed with it.

Unfortunately we noticed a few things that started to go a bit wrong. It was all to do with the finishing, installing of fixtures and fittings. On the 17th July the builder confirmed that the job was finished. That evening my husband and I went and checked all the work. I created a snag list complete with photographs to show him the items I wasn't quite happy with. On showing him he wasn't happy and denied anything wrong with the majority of items. I asked him to put these right and I would check again. I gave him a further two weeks. We were holding on to about 25% of the original quote. After all was complete I had to arrange the building inspector to come out and give the final once over to sign off the work.

After the two weeks the work was still as shoddy as ever. In fact some of the items that he was supposed to put right, he actually made worse. He refused to amend the kitchen and I suggested that I get further quotes and to pay the new kitchen fitter from what I owed the builder and pay the builder the difference when we were all happy with the finishing and the building had passed its inspection.

At first he was rude and very sarcastic at my suggestion and refused to accept this offer or admit the kitchen was incorrectly fitted.

I produced a second snag list and photos. He then told me that if that happened it suggested to him that we didn't have the money to pay him. Which I found extremely upsetting as we are giving him our complete life savings for a job well done.

He started to shout at me and my husband. On three occasions I suggested stopping the conversation and reconvene at another time. He said no!!!

I was calm throughout the whole situation.

On the third occasion when I heard him yelling at my husband in our back lane. I asked my husband to come inside and told the builder to go away. I then had to ask him to return my back door key!!!

He contacted us and wanted to complete the work. We arranged a mutually convenient time for us all to finish the work. My husband and I both took a days holiday to be at home when the work was being done as we just didn't trust him anymore.

During the day he told me he would have to return and i said that there would be no-one at home as he had said that there wasn't that much to finish therefore we didn't think that he would have to return! (funny really because he had previously said that he was completely happy with all the work, would have it in his house and would pay for a job finished that way!!!)

He was due to return on the Tuesday at 8am, I waited until 8.30am, left him a note asking him to call me when he arrived and on finishing to lock the back door and go around and post the key through the locked front door.

He turned up at 9.17 and called me as I had requested. I mentioned a few things that he had, once again, done wrong!! He started to yell at me down the phone and I had enough, I hung up.

On returning home from work, my husband noticed that the front door was unlocked. They had not left the back door key, locked the back door, walked through the house and left via the front door, unlocked. Obviously the alarm had not been activated, I wouldn't trust them - obviously.

As he left he left a note for us to not use the shower.

I had to call him and tell him to deliver the key immediately, I also told him that he couldn't come and finish the work without anyone in the house when they were there.

We had found that they had been in other rooms and areas of the house where they had no need to go into.

The building inspector was arriving the next day to do the check and I suggested to the builder that we talk then about everything.

My builder turned up and 'hummed and hah'd' throughout the whole inspection. He turned up with his father, who is his business partner also.

The inspector failed the inspection on four accounts. Two which we had to rectify and two that the builder was responsible for.

When the inspector left, the four of us discussed the findings of the inspectors report. The builder refused to rectify one of his saying that I instructed him not to do this work!!! I did not. In fact it was stipulated on the plans that were passed by the council! I couldn't even instruct him to do this anyway!

Him and his father continued to talk down to us both. I asked him once not to shout in my house, the second time I told them both not to shout or raise their voices in my house. The third time I had to shout at them, over both their voices to tell them to get out.

So the current status is as follows:

We still haven't got a working kitchen, we have had two quotes to rectify the kitchen only and they are in the region of £2000, just to put the mess right. The only things that we are using in the kitchen are the sink, the worksurfaces and a couple of the drawers/cupboards. We can't use the dishwasher, the cooker, oven, cooker hood and the majority of the storage areas.

Our bathroom now consists of a leaking bath, an unusable shower enclosure and shower, a basin that doesn't hold water properly and has been botched together with copious amounts of silicon/mastic stuff which I have no idea how to remove as its been left on the sides and inside of the basin and it looks awful.

Numerous areas which are still to be plastered.

Downstairs wc and basin which aren't fitted properly.

The list goes on.

We can't get it signed off until the failed works are complete.

A week ago we were advised to pay him a small amount and we paid him an amount that would leave enough, hopefully, to cover the work that needs doing still.

As he has threatened to take court action against us for unpaid monies owed, I am now concerned if he is just attempting to frighten us even more. Instead of shouting at us and intimidating us, threaten us with legal action!!!

IS there anyway I can find out whether the company or the individuals running the company have ever been in court for similar actions?

If it was a Health and Safety matter I could find out immediately via the HSE website but just don't know how to find out about court cases.

I haven't been able to tell you some more of the more serious occurences, I also haven't been able to tell you which avenues were are using for advice. Obviously I am unable to mention the company or the individuals involved.

Its so wrong as we haven't done anything wrong but yet we are unable to get information we need to prepare us for what may be happening soon.

I WANT MY SHOWER AND I WANT MY KITCHEN. I WANT TO BE ABLE TO FINISH OFF AND DECORATE AND ENJOY AND USE MY NEW KITCHEN AND BATHROOM

So there you go. What an epic tale and its still not over!

Any advice from anyone else been in a similar situation would be so appreciated.

Thanks for putting up with this!!

Fingers crossed it'll all be sorted soon!!

Cheers
mr and mrs dirtyepic
DEBT FREE SINCE SEPTEMBER 2015 :beer::beer::beer:
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Comments

  • Popeye123
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    sorry to hear about your experiance, i cant offer any help so sorry

    we nearly had the same prob with our builders, after getting small extentions here and there on our house for the last 29 years we have always written stuff down in huge huge detail.
    Recently we had a recommendation from a very very old friend who had work done too and we didnt write down anything, the first for 29 plus years and it just went totally chaotic, he said this blah blah total s**t the worst experiance for us ever. we did get through it thanks to the grace of god, but never again.

    i can only say to anyone and everyone please please wrtie stuff down twice and get both, you and them to sign and date it and both keep copies and it dosent matter who it is, old friends, uncles or anyone, ive heard of family probs becuase of this.
    our builder ripped off his own brother in law when he did our job. we paid him X amount to do a part of the house and he paid his brother in law, who only could do it and did it alone just over half of that. thats how bad some people can be, he happened to be a indian if anyone wants to know.

    nowdays its just about the money and the least amount of work and cutting corners, im not saying everyone is like that but this guy was just somthing else.

    anyway all done, cross my heart from now on, never without writing.
    yeah and i do wish my builder burns in hell..after so much repect, people like him think the money they have, they are going to take with them when they die.
  • eco-friendly_2
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    Any advice from anyone else been in a similar situation would be so appreciated.

    I fought a long tedious battle with a builder several years ago , which lasted 2 years with all the legal arguement , 5 days in court, not nice, costs were horrific.

    Court is the last place you want to be, BUT I think you should instruct a solicitor to write ONE letter to the builder demanding that he rectifies his faults within a specified period , or you will employ others to carry out all necessary works, which will be deducted from the balance due to him. Do not allow the solicitor to talk you into a " let's get him" legal battle. Your builder may have taken people to court before , ( my builder had ) I think you should get in there first.

    You should wait several days for a responce, If there's none I would consider employing a surveyor to quantify and record all faults with his work, this will be your ace card should you go to court, the surveyor may find more skeletons, there is of course the cost but , could be money in the bank against any legal action.

    In my court case 54 photographs were offered in evidence, under cross examination I was asked " who had taken them " ( I took them ) the next Q was " are you a professional photographer ":rolleyes: If you think it will go to court use a PRO and they can explain light variations etc, etc,


    I won my case ( it still cost me £1300 ) you can't claim back meetings with your solicitor , only court costs, my builders court costs , including mine were around £11000 :T I paid not a penny to him.


    A few months later I received a photograph of a HEARSE in a plain envelope, still makes me smile knowing that I took him.


    Please post back with the outcome.
  • Canucklehead
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    Good morning: Sorry to hear about your rogue trader woes... causes you stress and financial strain while it gives the rest of us working in the building trades a bad name. I recommend 2 websites http://www.clsdirect.org.uk/legalhelp/leaflet13.jsp?section=11&lang=en

    http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm
    If your builder belongs to a trade association eg. FMB report him

    If you have had a new gas appliance installed as part of the renovations, was a CORGI used? You can check registration at www.trustcorgi.com.
    Electrics installed by a competent person?

    Compile as much evidence as you can, photographic, video and otherwise. Send a letter by recorded delivery to your builder outlining your complaints and threatening legal action if he does not respond within 10 working days. Read the advice on the 2 links for further details.

    You can find out (for a fee) whether your builder has any CCJs against him... http://www.registry-trust.org.uk/

    HTH

    Canucklehead
    Ask to see CIPHE (Chartered Institute of Plumbing & Heating Engineering)
  • poet123
    poet123 Posts: 24,099 Forumite
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    We had an issue with a .gas fire installer who to cut a long story short left us with no hot water. I wrote to him (keeping copies)and informed him that I was getting a local respected company to rectify the situation and he would be being sued for the costs. I paid the company to sort it out and then pursued him through the small claims court......I won. I didn't use a solicitor I represented myself,it is quite an informal procedure and there is no need to incur legal fees. You need to give him the opportunity to put it right before you go down this route. Good luck

    With regard to CORGI they have no teeth unless the installation is unsafe,incorrect or unfinished is not in their remit.
  • eco-friendly_2
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    pursued him through the small claims court......I won.
    :T :T


    The message you have entered is too short. Please lengthen your message to at least 10 charac:eek:ters.
  • Canucklehead
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    Good evening: Haven't heard anything from the OP :confused: Maybe she has taken action more drastic than what we have recommended;) If you're still a free woman ,dirty epic, let us know how you get on.

    Canucklehead
    Ask to see CIPHE (Chartered Institute of Plumbing & Heating Engineering)
  • HugoSP
    HugoSP Posts: 2,467 Forumite
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    Several years ago when I owned my first house, a builder threatened to take me to court over cost discrepancies. It was a LA home improvement grant job and the council were refusing to pay him part of the bill as he wanted to charge differently to the quote.

    The following day we had a sensible discussion about the issues with the LA home improvement grants officer. The problem was resolved.

    The builder in question was partly "trying it on" IMO and once he had the fact spelled out to him, was very willing to concede.

    The OPs builder seems like he's trying it on. I suspect he knows that a lot of the work will need to be rectified. She may be well advised to seek out any associations, such as the FMB that the builder may belong to.
    Behind every great man is a good woman
    Beside this ordinary man is a great woman
    £2 savings jar - now at £3.42:rotfl:
  • dirtyepic
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    Hi all, Thank you all so much for your advice and concerns.

    Update so far: we have now taken legal action and are getting in quotes for
    a) the kitchen which has to be taken out and refitted. The costs are high and just for labour. The builder probably won't agree.
    b) we have had to get quotes for all the other work that he has tried to amend and left it in a worse state than previous ie the bathroom. Two separate quotes to advise the bathroom also being taken out and refitted. Numerous areas of plastering to be patched up. Door frames to be rehung correctly. The downstairs wc and basin to be taken out and refitted.

    I am a bit concerned as I had given him two occasions to rectify problems and he mucked up both times. I refuse to have him back in the house and as I would have to be present to ensure nothing untoward was going on, I wouldn't feel comfortable in the house so someone would have to accompany me. I can't take any further time off work this year. He has previously left the house unsecure, shouted at us, intimidated us, left intimidating voicemails on my mobile (I have been advised not to speak to him and only communicate via letter). I didnt mention this before but he also hid a stanley knife blade in something that was hanging over my bannister near my bedroom. He shouldn't have even been in that area of the house. Actually I shouldn't say 'he' did it but someone from that company did. When my husband took the item off the bannister, the stanley knife blade fell from it.
    This is a bit of a weird situation because he had stripped a lot of the mastic/silicon stuff from the shower enclosure and dumped it at the top of the stairs near the bedrooms, he dismantled a stanley knife and laid it out next to the skirting board then laid another small tool next to it. I thought he was very sensible in taking out the blade and disposing of it accordintly until we found it! The item hanging up was actually my tent, drying out! Imagine if we had tried to roll the tent up without shaking it first. I dread to think. So now you understand why I don't want him anywhere near my home again. He says that he only has to do a bit patching up with plastering and try and do the shower (he says he couldnt find the leak and there was nothing wrong with it!!).

    Anyway, I digress!!! Legal documentation is now being drafted awaiting final quotes from professional tradesman. The builder is keep phoning and sending letters saying he is taking me to court - 5 times at the last count! He has no idea that we are going down the legal route. His 'credentials' are not worth the letterhead they are printed on. He is a member of one, they are getting a very detailed and informative letter once the legal matter is out of the way, he hasn't actually been a member of on - Guild of Master Craftsmen, since 1999. They are awaiting my correspondence, when I have been advised that the time is right.

    It's not actually getting any better, its getting worse and I am getting more and more fed up.!!

    Watch this space, sorry for going on a bit but once I start thinking and typing at the same time I just can't stop!!

    Cheers y'all

    Dirtyepic
    DEBT FREE SINCE SEPTEMBER 2015 :beer::beer::beer:
  • misgrace
    misgrace Posts: 1,486 Forumite
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    You poor thing, what a nightmare for you.

    Try and keep any recorded calls, or any mail from him, keep a diary of everything that is happening now also.

    I really cant offer any other advice as its all been said by the OP, but please try not to let it get you down, I know its hard, and you probably feel like giving up, but dont let the barstewards beat you.
    At least by you doing this and taking legal action, it might halt them in thier tracks and avoid ripping off an OAP or someone who is in no fit state to fight back.
    Do let us know how it progresses, and all the best, I admire people who fight back, :T I have done it a few times over different occasions, and I have always come off best, I expect its cause I go for the jugular lol.
  • dirtyepic
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    Hi, todays update:

    We have received a price to rectify all problems including the stripping out and refitting of the whole bathroom and that is getting sent to the 'legals' tomorrow to add to the cost of the kitchen being pulled out and fitted properly.

    This total figure is for labour only. No doubt some items that are stripped will be damaged and then we will have to add the costs of the materials also.

    The total so far nearly reaches the outstanding amount that we owe him.

    He will not be happy with this.

    We have been informed that if this did go to court, the judge could even order him to finish the work in the house, no matter what the situation is between us.

    I have a nasty feeling that this will happen.

    Yay, at this rate I won't have my kitchen and bathroom in time for Christmas!!! Flippity flippin great eh?

    Can't believe when I got back from Glastonbury at the end of June, they said they were nearly done!!!!

    T
    x
    DEBT FREE SINCE SEPTEMBER 2015 :beer::beer::beer:
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