What to do with a cowboy builder?

spursfan323

I used a (cowboy?) builder to, among other mishaps, fit an RSJ without using a Structural Engineer or LABC involvement (which my own SE advises needs to be replaced), and damage my loft purlins when removing chimneys.

He 'wants' to do the repairs himself - probably with a view to claiming the few grand we have retained. He says I have to take him. Understandably, I am quite wary of taking him - once bitten and all that!

1. Is there any legal or other requirement that I take him? (We have no formal written contract) He hasnt stepped foot in my house for over 8 months and never made any serious move to come and do the long list of repairs we gave him.

2. If I would take him, what would be the best method of ensuring the work is done best as possible? I have drawings and calcs from the SE. A friendly builder warned against bringing in the LABC Inspectors says they're a waste of time and money as have a very limited remit and will take no responsibility. Instead he recommends using a private BC inspector (can get one for £400 +VAT).

Any advice gratefully accepted.

richardw

spursfan323 wrote: »

fit an RSJ without using a Structural Engineer or LABC involvement....and damage my loft purlins when removing chimneys.

Doesn't sound like he knows what he's doing, is he worth risking?

spursfan323

that's my worry.

it'll cost me about 2k otherwise - which I don't really have

so would consider using him if there was some way I could be sure it was safe and done properly.

richardw

spursfan323 wrote: »

so would consider using him if there was some way I could be sure it was safe and done properly.

Some may say that could be throwing good money after bad.

spursfan323

I hear what you're saying...

but do you know the legal or accepted position? am I entitled to get my own guys in and charge him?

phill99

The fact that you have no written contract exists is irrelevant. A contract exists between you, albeit a verbal (and therefore much harder too prove) one.

He has breached his part of the contract insofar that he undertook poor workmanship, hasn't used due diligence etc.

On that basis you have the right to employ another builder to put right his defects. He would be liable for the cost of rectification works (whether you get that money form him or not is another matter).

There is no legal requirement whatsoever that you use him to undertake remedial works. He is simply beimng a bully.

I woul be tempted to write to him asking him to stop contacting you or you will report it to the police as harrassment.

Do not let him near your house again and do not pay him any more money. If you do you will be throwing good money after bad.

SailorSam

Cowboy builders ..... pinch his horse.

screwedagain

spursfan323 wrote: »

I used a (cowboy?) builder to, among other mishaps, fit an RSJ without using a Structural Engineer or LABC involvement (which my own SE advises needs to be replaced), and damage my loft purlins when removing chimneys.

He 'wants' to do the repairs himself - probably with a view to claiming the few grand we have retained. He says I have to take him. Understandably, I am quite wary of taking him - once bitten and all that!

1. Is there any legal or other requirement that I take him? (We have no formal written contract) He hasnt stepped foot in my house for over 8 months and never made any serious move to come and do the long list of repairs we gave him.

2. If I would take him, what would be the best method of ensuring the work is done best as possible? I have drawings and calcs from the SE. A friendly builder warned against bringing in the LABC Inspectors says they're a waste of time and money as have a very limited remit and will take no responsibility. Instead he recommends using a private BC inspector (can get one for £400 +VAT).

Any advice gratefully accepted.

I personally would be wary of this. There is no such thing as a 'private' BC inspector - at the end of the job you will be looking for a certificate from your local council that states that the work carried out meets the building regs. I dont know how you can get the council to issue a cert without getting their inspectors involved...

The cynic in me suggests that your 'friendly' builder has one of the LABC inspectors in his pocket. You give the builder £400, he gives half that to the LABC inspector under the table, who then ensures that the work 'passes' building regs no questions asked. LABC officer gets a nice top up to his salary, the builder gets a hassle free job on site, everyone wins, apart from you, who could be left with something unsafe or not compliant!

Whatever you decide to do, you should remember that it is your duty, NOT the builder's, to ensure that a building regs application is made and approval obtained. If your roof caves in at some point in the future, your insurance company will be chasing you for the building regs certificate, not the builder. The only way to protect yourself is to get the required design info/drawings etc. from your SE, and make the building control application yourself Or have your SE do it) - don't rely on the builder to do it as it isn't in his interest to. They don't like getting BC inspectors involved as it could cause them hassle, time and expense on site.

spursfan323

hi screwedagain, thanks for your response but I believe you are mistaken.

I have personally (after a little googling) found a firm of 'Corporate Approved Inspectors' called London Building Control Ltd. Their process description is excerpted below:

APPLICATION

The Approved Inspector is required to submit an Initial Notice to the Local Authority ...

PROCESSING THE INITIAL NOTICE

Once deposited by us at the council, the Local Authority should check the details of our Initial Notice within 5 working days ...

INSPECTIONS

The developer or builder should notify us at the relevant stages of building work so that inspections can be made ...

COMPLETION

At satisfactory conclusion of works, London Building Control will issue a Final Certificate to the LA for their records, with a copy to the client.

It is clear that they are offering an alternative service to that traditionally provided by LABC. The advantage I believe, as described by the 'friendly builder', is that they are more thorough than the LABC - i have heard lots of stories of Inspectors giving a cursory look then moving on.

In any case the fee is paid directly to the firm so there is no risk of the builder pocketing anything!

So back to my original query...would the presence of such Inspectors be sufficient to ensure cowboy builder does a decent job?

richardw

The building inspector is not there to supervise and manage builders to ensure acceptable works.

At inspections they may clarify matters if the works required are not clear or if there is slight ambiguity.

Perhaps appoint an experienced Clerk of Works to ensure acceptable works, but some may say that could be throwing good money after bad.