Builder not returning money

Gazelle1985

Hello,

My partner and I began a structural project in August. We paid half the money upfront to the builder, and have a signed agreement stating this.

When the builder began work, he discovered that the scheme he had originally proposed would not work. Since then we have been trying to get around various issues to make the scheme work, which the builder has been involved in along with a structural engineer.

We are now at a point where we still have no idea when we will actually be able to begin work, and although we still intend to go ahead with the original builder, we want our money back – as it was a substantial amount and we are starting to feel uncomfortable about the fact that no work has been carried out.

The builder is being a bit difficult and evasive – i.e. telling us that we’ll have to wait until he’s finished a current project he’s working on before he can consider a refund, and then not getting back to us for weeks etc.

We want to keep a good relationship with him, but I think we’re going to have to start being a bit more forceful soon. What are our rights in this situation, and is there anything we can say to him?

Thanks

neilmcl

Are you expecting a full refund or a partial amount, taking into account what he's done so far. Maybe this is why it's taking a bit of time, the builder will have to try and work out how much chargeable work he's done.

MrRedundant

Unless the builder has breached the contract then I see no grounds for a refund at this time.

Gazelle1985

Hi,

Thanks for your replies. The builder hasn't done any building work at all. He has liaised with Building Control though, and we do want him to do the work when we can actually go ahead, so we are suggesting a £100 deposit.

Since I last posted the builder has gone AWOL. We have ringing, texting and emailing him all week and have not heard anything back. I have a horrible feeling that we have lost our money

DVardysShadow

MrRedundant wrote: »

Unless the builder has breached the contract then I see no grounds for a refund at this time.

But if builder has breached his responsibilities ....

Gazelle1985 wrote: »

... When the builder began work, he discovered that the scheme he had originally proposed would not work.