Builder dispute - court claim received (help please!)

Mrs.D

Hi everyone

I've been lurking on MSE for a while, reading all the great advice, but need some of my own and am hoping someone will be able to help. Apologies in advance - this is a long post...


We had some major building work done last year by a Federation of Master Builders firm. We were happy with them initially, but the relationship deteriorated as works progressed. The job was estimated to take 16 weeks. It eventually took 37 weeks.

We made regular stage payments, in line with the payment schedule, but after just 13 weeks we had paid 60% of the job upfront. Relations started to deteriorate at this point. The builder continued to demand stage payments even though it was obvious that the build had months to run. He threatened to walk off site if we did not pay more (claiming he could not pay his workforce etc). Stupidly, we drip-fed more money to him until we got to a stage where by week 22, we had paid 87.5% of the job value.

At this point, we obviously refused to pay any more. That's when 'extras' bills started to arrive. Prior to this point, 'extras' were quoted and agreed in advance and we paid up. After a few blazing rows about these unauthorised extras, we paid a further £1500 (even though we did not agree the extras) just to get him to finish the job.

One of the agreed extras was to supply and fit a solid oak floor. It was done towards the end of the job and we paid him immediately. After a week or so, the floor started to buckle and rise. He tried to rectify it by drilling though the wood and screwing it down. Worked for a few days, (long enough for him to bank the completion cheque) but a couple of weeks later the same happened in a different place. Floor is a total mess, absolutely ruined.

The overall building job was eventually 'completed' in November. The agreed payment terms were to retain 5% of the sum for 3 months pending snagging. We have this retained ready to pay, once snagging is complete and certificates are supplied.

However - the floor remains an issue. We paid upfront and have a £4000 floor that needs to be ripped up and re-laid. The builder has washed his hands of the floor issue and issued a 'credit' for the full value of the floor. However, at the point he issued a 'credit', he also invoiced us for another £4000 of additional 'extras'.

We have made several attempts to resolve the matter, but the builder is insisting we pay the full retention, but is refusing to resolve the floor problem unless we pay a further £3k +VAT. As a last resort, we contacted the Federation of Master Builders last week to ask them to intervene and mediate. We're yet to hear from them, but I understand the builder has a couple of weeks to respond.

Yesterday I received a claim, issued by Northampton County Court for the retention. The wording of the claim is a shambles - it contains just 52 words and says we are refusing to pay! I'm shocked that he's gone straight to court as the FMB has a dispute resolution process - which has not been fully explored yet.


I'm after some advice please. I obviously intend to defend the claim and know I need to do this within 28 days, but how should I word it?

I'm after opinions too. Am I in the wrong for holding the retention? Where would I stand in court? The builder had not yet completed the snags or provided any certificates / guarantees for work. Once the snags are complete, the problems fixed and certificates / guarantees provdied I will pay the retention - but not before.

Should I therefore defend the whole claim? Or should I admit the claim, but state it would only be due once snagging etc is done?

Also, I'd be interested to hear opinions on the floor issue. Where would I stand in court over this?

Arrrrhhh!!

Thank you in advance for any help!

Mr_Warren_2

Calm down Dear, it's only an extension......You are perfectly within your rights to keep the retainer until the matter is sorted out to your satisfaction. The MBA is only there in case you cannot sort matters out with your builder [mine had gone bankrupt and the remedial work was carried out without any problems by a replacement Company].

If your builder is as stupid as to issue a court summon, just contact your local Citizen Advice Burequ, discuss that with them and go to the Small Claim Court to argue your side of the story.
If it really is as you say [take pictures etc] you will be in no trouble at all.

Just let us know how you get on.

Alan_M_2

Respond with a similar explanation as you've posted above. Keep responding until the court offer either Mediation or a fixed court date (this should be a good 6 months or so). If he wants to play it like that, you can play too.

Mrs.D

Thank you Mr Warren and Alan M.

Going to put together the defence over the weekend and take it from there.

missile

It is quite intimidating if you do have to go to court. You may feel it is necessary to employ a solicitor, check your insurance, it may cover legal representation.

I would suggest you prepare a written account work carried out and dates of your payments a snagging list and photos of each item. State that you have agreed to pay the balance after repairs are carried out per your contract and enclose a copy of the relevant para. Submit this to the court in response to your summons - obviously you will need to keep a copy and take it with you to court.

I expect FMB will do B.... All to assist you.

Mrs.D

Good idea about the insurance - I'll check. Thank you.

yan1

I say this with no mean intentions or to antagonise............ But, I'd love to hear the builder's version of events, just out of interest.

Mrs.D

yan1 wrote: »

I say this with no mean intentions or to antagonise............ But, I'd love to hear the builder's version of events, just out of interest.

Fair challenge yan1, and I recognise there are always 2 sides to a story. I'm sure our builder would have a different view, but we'll present the facts in court and see how we get on.

I'm just really disappointed as all we want is for the project to be completed. It's been a disruptive 12 months and we desparately want to pay the guy, get the snags done and close the chapter. Sadly, our builder will not talk, so we'll have to drag it through the courts.

Assume you're in the building trade? Any advice?!

yan1

Unfortunately sounds like you're at the point of no return, so I guess the course of action you are taking is maybe the only one.

I am a builder, yes, and fortunately have never been involved with a client dispute. How ? Over the top communication and honesty is the definitive answer, ( from both parties ). The only way I irritate customers is by talking too much.
No need for contracts or any formalities if the client trusts the builder and vice versa. if any doubts arise, from either side- abort project.

Mrs.D

You sound like the perfect builder!

Lessons learned.

leveller2911

Sorry to hear of your trouble, Im a qualified carpenter & joiner.From your discription I would say the oak floor was laid too early and it is drawing moisture from the sub-floor was it laid on a solid floor (screed,concrete?) nailed to battens fixed to concrete ? or is it laid on joists?, either way its been laid too soon, the builder is at fault and should have taken some boards out to release the pressure from the expanding boards it a common mistake.Most floors laid on a solid floor need an expansion gap around the perimeter which is often filled with cork, then the skirting covers the cork.
You are within your rights to withold a retention if it was agreed, most people keep a retainer for say 3-6 months to aloow for a"snagging list" to be carried out.From what you say I don't think they have a leg to stand .

I would also say , from being in the trade for 24yrs I don't believe any of the "clubs" that builders,craftsmen,garages etc are worth taking any notice of, they are always paid for by the members and as such are Not impartial....