Builders threatening me with court

JulieDrew

I have recently told my builder I no longer want him to finish the job. When we agreed the job he told us it would take 4-5 weeks we are now into week 8. It has been down to the fact he has worked 4 hour days and several jobs he has had to redo, due to his own poor quality of workmanship. I am due to have a baby in 3 weeks at the begining of the build it was discussed that the building would be completed well before the baby was due to come. At which point I had 10 weeks before the big due date. Due to the stress the builder has caused my doctor has decided myself and the baby need to be monitored on a regular basis as my blood pressure is so high. We have paid the builder as and when requested previously and he has received 42% of the final payment. When we told him we no longer wanted him on the job he said he wants another £10,000 from us or he'll take us to court. We have had two other builders up to quote us for the work completed and they both recon what we have already paid is about right. We have offered to pay him more but he will only except the £10,000. As he has only completed 7 out of the 15 jobs on his quote does anyone know if we have a leg to stand on? I don't want him back in my house to complete the work as he'll bodge it like he has tried to do all along plus he can come across quite threatening. Please can anyone help me?

Laz123

You can go to CAB for advice. Also most solicitors give a free half hour's advice.
Personally I would write to him, wording your letter in a similar way to what you have written here stating the facts. I would tell him you have no intention of paying him any more money and if he decides to take you to court then so be it. It will cost him to pursue the money and any self respecting magistrate would throw out his case and award you costs anyway.

pinkshoes

Did you have it in writing that it would take 4 to 5 weeks?

Personally I would be paying another builder to finish the work ASAP, then billing HIM for any extra costs!

Send builder a recorded deliver letter, detailing what he's done so far, how much he's been paid, and how much he SHOULD have done, therefore highlighting that the amount of money he has received is more than fair.

State that due to his poor quality work, and inability to meet deadlines, you will be employing someone else to complete the work, and the contract between you and him is terminated.

Tell him should he wish to pursue this further through the court, you will be happy providing the court with photographic evidence highlighting his poor workmanship, evidence that he was unable to meet the agreed deadlines, and proof that he had been paid a fair amount for the work he had carried out.

Tozer

You are required to pay him for the work done. Was there a written contract (like a JCT Minor Works contract) signed?

If not, what were the terms of the contract? Was anything in writing at all?

I agree with the advice that you are terminating for default as he has not performed the work within a reasonable period of time.

Firefox1975

Sometimes disgruntled builders come back to "undo" the work they have done if they don't get paid.

not knowing exactly how much you have paid or for what all I can surmise is that you will almost definately be liable for the cost of any materials used. and you will be liable for some of the builders time.

whether or not the builder was any good is irrelevant in this case. (unless they are working for a respectable buidling company - im guessing it is a one man band)

If you wanted to be a bit sneaky though you could also drop a line to HMR&C (how you would do this and it what context I will leave up to you). builders are notorious for not declaring every penny they earn, you could make his life a bit miserable.

Freddie_Snowbits

OH dear, non proffessionals on a self build. Unlucky! Pay Peanuts, Get Monkeys

ChrisCobra

Firefox1975 wrote: »

Sometimes disgruntled builders come back to "undo" the work they have done if they don't get paid.

not knowing exactly how much you have paid or for what all I can surmise is that you will almost definately be liable for the cost of any materials used. and you will be liable for some of the builders time.

whether or not the builder was any good is irrelevant in this case. (unless they are working for a respectable buidling company - im guessing it is a one man band)

If you wanted to be a bit sneaky though you could also drop a line to HMR&C (how you would do this and it what context I will leave up to you). builders are notorious for not declaring every penny they earn, you could make his life a bit miserable.

I kind of take offense to that , not all builders are utter pricks. OP try your luck and tell him to carry on in court see what happens , i bet he hasnt got the balls to try it on , and as for coming back and causing trouble , get some cheap cctv , and your covered there.

I really hate crappy builders giving other honest guys a bad name , i was self employed in the uk but did more managerial / engineering jobs for agencies. Sometimes i could strangle them!

Torby

take advice....get him off the job ASAP....tell him what he has been paid so far is in full and final settlement for the work he has done...tell him you have spoken to experts and the work done so far is not up to standard and outside of the promised time schedule, when he says he will take you to court let him know thats ok, as hopefully you can arrange your small claims hearing for the same day, where you will most likely recover some of the money you have already paid him ( you can also mention small claims courts invariably find in favour of the small person...especially against cowboy builders). If your payments to him have been in cash (or cheque) hopefully you have receipts as you intend submitting them to HMRC as they form part of the costs in converting part of your home to use in your self employed business (he doesnt know if its true or not and he's probably not too clued up on tax law from the sound of him)

AdrianW2

Firefox1975 wrote: »

Sometimes disgruntled builders come back to "undo" the work they have done if they don't get paid.

Which is a crime, and should be treated as one. As is threatening to "undo" work (Criminal Damage Act 1971 s2).

daveboy

ChrisCobra wrote: »

I kind of take offense to that , not all builders are utter pricks.

95% of them are.

bingo_bango

The only thing the builder can claim for here is damages for the work he has completed. This is called a Quantum Meruit payment. It literally means for as much as was done.

You say he has completed 7 of 15 jobs. Are all of these jobs the same size? Has he completed 7 major jobs and left 8 small ones?

The two builders who agreed that 42% was about the right price. Have they given you a written quote or document to confirm that? If not, get them to do so.

The Supply of Goods and Services Act 1982 states that if no time limit is agreed for the work, then it must still be completed in a reasonable amount of time. Get the two other builders to quantify that time in their letters.

If you can do that, then builder one hasn't really got a case. Don't stress about it, as that will get you nowhere. I suggest you now write to this builder armed with the informaton you have, and explain that you feel that payment so far would compensate any quantum meruit claim he may make. Send it recorded delivery (keep the POP) and keep a copy of your letter. You may need to show this if it ever does get to court.