builder gone bankrupt work not finished....help

reallylost

Just wondering if anyone can give me some advise please.
Our builder has done most of the work on a 2 storey extension (wind and watertight shell only)...finished 4th Feb 2010. then had lots of excuses for not turning up to do final finishing off stuff. I wrote to him on 20th April listing what needed to be finished and there are slates falling off and leaks appearing and got a reply stating that he went into receivership on 10th February and all claims should be referred to the administrators.
Now I know for a fact that he is still working on other projects in a town up the road from us but is using a slightly different company name.

My questions are...
1. as he is still working shouldnt he can come and finish the work.
2. should I get the building inspectors in to check what has already been done?
3. should I get a quote from other builders to finish what he started?
4. can I report him to anyone for still working under a different name to get out of finishing work.

sorry about this but I am not sure where i go from here.
hope someone can help

Imp

First thing to do when the builder goes bust is to lock down the site, don't let subcontractors or material suppliers onto site or they may try and remove items to recover some of the money he owes them.

Alan_M_2

sampainter wrote: »

My questions are...
1. as he is still working shouldnt he can come and finish the work.
2. should I get the building inspectors in to check what has already been done?
3. should I get a quote from other builders to finish what he started?
4. can I report him to anyone for still working under a different name to get out of finishing work.

In answer to the questions with information supplied so far:-

1. This depends if you employed him as a sole trader or as a Ltd company - you need a discussion with the administrators to find out his legal entity before you can answer this question.

2. This would be prudent but not completely necessary.

3. Again this would be prudent, but make them aware of the position you're in - be straight with them. Don't let them think you've ejected the builder.

4. Depends on the answer to question one. If he was a Ltd company that went into receivership, it depends how he's operating now (in legal entity terms) if it's a legal problem or not.

So in brief, speak with the administrator, stick to facts do not include conjecture and collate as much information as possible.

In the meantime obtain alternative quotes for completion of the work.

Caveat:- I'm not knowledgeable of how Scottish law handles this situation compared to English - so it's imperative you get relevant Scottish legal advice.

reallylost

Hi thanks for the answers so far.
Just to clarify the company said ltd at the end of the name so I assume that means its a limited company.
The administrators say it is a personal bankruptcy.
The old company was @@@ joiners and contractors ltd the new one is @@@ construction ltd.
the new one was formed on 5th feb 2010, the old one went into receivership on 10th feb 2010.
our last cheque cleared on 5th feb 2010

latecomer

To be honest from what I understand its something that builders can do. They get to keep the tools of their trade (as you cant remove their livelyhood) and just start up again with a different name without the debts. You'll probably find that the directors name has changed between the old and new company.

ormus

if its a ltd co, your contract is with the company and not the directors/employees.
a company is a legal entity.
re company collapse and new start ups: all directors/shareholders can do this sort of thing, but the building trade has more than its fair share.

pelirocco

But an undischarged bankrupt cannot be a director of a ltd company , not that info helps the Op

macman

sampainter wrote: »

Just wondering if anyone can give me some advise please.
Our builder has done most of the work on a 2 storey extension (wind and watertight shell only)...finished 4th Feb 2010. then had lots of excuses for not turning up to do final finishing off stuff. I wrote to him on 20th April listing what needed to be finished and there are slates falling off and leaks appearing and got a reply stating that he went into receivership on 10th February and all claims should be referred to the administrators.
Now I know for a fact that he is still working on other projects in a town up the road from us but is using a slightly different company name.

My questions are...
1. as he is still working shouldnt he can come and finish the work.
2. should I get the building inspectors in to check what has already been done?
3. should I get a quote from other builders to finish what he started?
4. can I report him to anyone for still working under a different name to get out of finishing work.

sorry about this but I am not sure where i go from here.
hope someone can help

Presumably you owe him money rather than vice versa-I hope you haven't paid upfront for work not done?

Tucker

The building inspector should have seen the work at various stages already?

If he hasn't, it has been built WITHOUT building regs and you will have to pay the fee (usually around £400) for the inspector to review the work. Given that it's already water tight, this will involve digging out to expose the foundations amongst other things that he will need to see, to check they have been done to current building regs standard.

Without this, you will not be able to get the extension signed off.

latecomer

Not sure about that as our building inspector wasn't interested in the foundations for our single storey extension, just the drainage.....

Tucker

They should inspect after you have dug out the footings to check the dig and that the ground is suitable, before concrete is poored.

They should then inspect before the concrete slab is put in to check the dpm and insulation.

Also the roof insulation / cavity insulation / drainage / steelwork etc.....

If he's not been on site for the OP, lets face it, they don't know about the build and there's going to be a problem.