Builder dispute - court claim received (help please!)

leveller2911

yan1 wrote: »

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.

I agree with Yan, all of my work is by recommendation, no advertising, honesty , good communicationand hard work go a long way.
There are some real cowboys out there in all trades, however there are a lot of cowboy customers too.I have never had any dispute with my customers and always get a buzz from being told i've done a nice job......

yan1

Mrs.D wrote: »

You sound like the perfect builder!

Lessons learned.

By no means perfect. Unforseen circumstances crop up daily on pretty much every building job, ( even more so on existing properties projects). It's how they are dealt with that can turn the job into a big pearshaped pear!!

thechippy

I agree with both yan and leveller.

The floor should have been acclimatised for at least a week and an appropriate expansion gap left all round - I've fitted many oak floors! Basically, it's been fitted incorrectly.

Unforseen issues can arise on any job, from a bathroom refit to an extension. It's how the tradesman deals with it. Bear in mind, there can also be nightmare clients as well, who just don't listen, or just don't want to understand..

Good luck with your case and BTW, I don't think the FMB are up to much and being a member of them doesn't mean your good, the company can still be a waste of time - always go by recommendation........;)

ACT1979

Hi there,
Sorry to hear about your woes.
We are also in dispute with our FMB registered builder and, having just attempted to complain about him to the FMB I can safely say that you really shouldn't bother. The lady I spoke to this morning admitted that they never read consumers' complaints letters (I was told that some of them are too long and they simply don't have time - or can't be bothered!). They simply photocopy your letter of complaint, send it to the builder and ask him to respond. When he does, they then send you a photocopy of his response (where obviously he denies everything) and then say that unless you agree to use their adjudication service (provided by RICS) they will then close your complaint.
Our builder has changed invoices he sent us to show deduction of the retention, which he did deduct on the original invoice he sent us.
However, unless we go through the FMB's adjudication process, he can get away with this with absolutely no consequence. We have already tried 3 mediation processes - to no avail.
It seems the courts will have to sort it out.
BUT - if your contract provides for mediation/arbitration/adjudication as a form of dispute resolution courts don't look on it too favourably if you haven't first tried alternative dispute resolution before resorting to legal action. If you are both able to agree on an independent person (a quantity surveyor is usually a good bet) overseeing an attempt at dispute resolution that would be a good first step. I would try to suggest to your builder that the costs of this is shared between you. If he's serious about solving the dispute without going to court then he shouldn't complain.
Also, if he is seeking to take you to court, he should do so using something called the Protocol for Construction and Engineering Disputes (Google it). If his claim only amounts to 52 words it doesn't sound like he's followed the Protocol. He should also send you a Letter Before Action or Pre-Action Claim Letter (Google will tell you what it should include and how you respond).
Did you use an FMB contract (not worth the paper they're written on in my view)? There are clauses in there which state that materials must be fit for purpose. If you didn't have a contract you are still protected by the Supply of Goods and Services Act.
Hope this helps.

phill99

ACT1979 wrote: »

Hi there,
Sorry to hear about your woes.
We are also in dispute with our FMB registered builder and, having just attempted to complain about him to the FMB I can safely say that you really shouldn't bother. The lady I spoke to this morning admitted that they never read consumers' complaints letters (I was told that some of them are too long and they simply don't have time - or can't be bothered!). They simply photocopy your letter of complaint, send it to the builder and ask him to respond. When he does, they then send you a photocopy of his response (where obviously he denies everything) and then say that unless you agree to use their adjudication service (provided by RICS) they will then close your complaint.
Our builder has changed invoices he sent us to show deduction of the retention, which he did deduct on the original invoice he sent us.
However, unless we go through the FMB's adjudication process, he can get away with this with absolutely no consequence. We have already tried 3 mediation processes - to no avail.
It seems the courts will have to sort it out.
BUT - if your contract provides for mediation/arbitration/adjudication as a form of dispute resolution courts don't look on it too favourably if you haven't first tried alternative dispute resolution before resorting to legal action. If you are both able to agree on an independent person (a quantity surveyor is usually a good bet) overseeing an attempt at dispute resolution that would be a good first step. I would try to suggest to your builder that the costs of this is shared between you. If he's serious about solving the dispute without going to court then he shouldn't complain.
Also, if he is seeking to take you to court, he should do so using something called the Protocol for Construction and Engineering Disputes (Google it). If his claim only amounts to 52 words it doesn't sound like he's followed the Protocol. He should also send you a Letter Before Action or Pre-Action Claim Letter (Google will tell you what it should include and how you respond).
Did you use an FMB contract (not worth the paper they're written on in my view)? There are clauses in there which state that materials must be fit for purpose. If you didn't have a contract you are still protected by the Supply of Goods and Services Act.
Hope this helps.

And why are suddenly coomenting on a post that is over 2 years old? What is your agenda?

docmatt

!!!!!! I've just read through everything and realise it's a bumped thread. THANKS FOR WASTING THE LAST 10 MINUTES OF MY EVENING.

ACT1979

Sorry. Didn't realise that it was so sold.
No agenda, just trying to share experiences and advice.

phill99

ACT1979 wrote: »

Sorry. Didn't realise that it was so sold.
No agenda, just trying to share experiences and advice.

Well don't.