I need to defend a small claims court application from a rogue builder

starkraving

Hi

I need to defend a claim from a builder for non-payment and I'd appreciate any help in how to go about defending the claim.

Basically, I have a large block-paved patio that is sinking in a few places and I asked a builder to take up 3 sections of the patio, repair the voids, then relay the blocks to make the patio level. He didn't do this, he just removed blocks from a few patches and tried to repair it. He claims that he removed the whole area but I can tell that he didn't (e.g. weeds still growing untouched in between the cracks). In any case the patio looks no different - still has the same sinking dips. I told him that despite what he claimed, I knew that he was not telling the truth, and could he just do what I'd asked him to do originally. To this, he packed up and left (with a few expletives).

So, he now wants paying via the small claims.

What can I do to back up my defence that will actually be acceptable in a small claims court?

I'm thinking of the following:
1. Making a video showing all the sinking spots, and the obviously untouched areas (are videos accepted in court?)
2. Taking photos of the same.
3. I still need the patio to be repaired, so getting a new contractor in and getting a written statement from him regarding the "work done" by the claimant. Is this allowed - or will the contractor need to appear in court (probably unwilling to do so)?
4. If I get the patio repaired will that affect my defence?
5. Harassment - he's been threatening to send his "boys" around to collect the money. Not sure if this is relevant.

Any help appreciated.

Thanks

woohoo_postingid

I'm not sure on the legal aspects of all this but my advice would be to get yourself very organised.

Document everything, times, places, who was present etc. Take photos & videos just in case and be as prepared as you possibly can be. Maybe install a cheap cctv system in case he does 'send the boys round' and inform the police that he has threatened to do so already.

Chances are that if he is as much of a cowboy as you say, he won't be prepared for court which will only work in your favour.

starkraving

Thanks. I'm not too worried about his boys - I've seen them.

I have asked around (since) and this builder has a history of claiming unpaid bills through the small claims process. To me this says something, in that he has regularly not been paid !

I will document everything, but if anyone knows specifically what is allowed and what is not then I'd be very grateful

mpython

Hi Starkraving, welcome to MSE.

How did you come to choose this builder & what contract did you have with them?

The reason i ask is that your 1st post says "asked a builder to take up 3 sections of the patio, repair the voids, then relay the blocks to make the patio level". If the builder did physically lift up 3 sections of the patio & fill in the voids, then he has fulfilled his part of the contract & you are obliged to pay him. If the patio wasn't level after he finished then maybe he hasn't fulfilled all his obligations under the contract but he will still be entitled to be paid for what he had done. & he could argue that the reason the patio wasn't level was that you asked for extra work to be done/ your requirement to fill the voids wasn't sufficient to ensure the entire patio was level.

If you haven't got a contract (or even a letter) covering the work then it will become your word against his.

Whilst to you it says something about the quality of the builder, to me, if they have taken other people to the small claims court before, it suggests to me they are likley to be very familiar with the process & what to say/ not to say.

I would suggest you get some proper advice from a lawyer or Citizens Advice Bureau first. One thing you might like to consider is trying to show the court you wish to be reasonable & find a solution outside of court. Say by writing to the builder stating what the job was, how much you agreed to pay & what how much of the work was done. You should record (dispationatly) that the builder chose to leave the site when you explained how the work was not meeting the agreed specification. You could then offer to let him complete the work to the original price & spec (again to show you're being reasonable & also show the court what you expected of the builder).

Good luck with your case, let us know how it turns out.

starkraving

Hi, thanks for the reply. The builder did not lift up the three sections. For instance if the the three sections had 500 blocks, he removed maybe 50, which is not what I asked for. I understand the advice about offering for him to make good the work, but would you want someone who has harassed you to come back to your home ?

I chose the builder through the yellow pages. I wanted someone who specialised in block paving rather than just general building work. My contract was verbal, though I did do a sketch for him to show him which areas needed to be repaired.

I didn't mention earlier, but he said 4 people had been on site all day. My wife checked in the afternoon and nobody at all was on site. He knew I was returning at 4pm and I think he thought he could get away with just doing a couple of hours patching up.

mpython

Hi starkraving, I hope my last post didn't antagonise you, I'm justtrying to help you get your case sorted beforehand.

You need to look at things from the Judge's/ Court point of view.

What's the definition of a section? 1 block? 50 blocks? 500 blocks? Whilst you may think its 500, the builder appears to think its 50 - one person's opinion against another. Who has the most experience & therefore likely to be believed by the judge?

How many people on site is not particularly relevant unless the contract/ agreement said how many people would be there. You have a sketch of what you wanted done but did you give this to the builder & keep a copy yourself (therfore is eveidence), or retain the original? What the court will want to know is how you agreed what the work was, if the builder didn't have a copy of the sketch how could they meet your requirements?

Small claim courts are much more informal than Crown courts (though you should always be polite to the judge) but still operate under the same laws of the land. So you have to show evidence of what you expected & agreed & how the builder failed to meet it (e.g. work not of competent standard etc). Photos, videos are all acceptable, as are expert testomonies (not just any joe blogs' opinions). You may have to pay someone to provide this expert testomony but if you win you can claim the cost off the plaintiff (builder).

There's nothing to stop you getting other builders in - but as WooWho says, document everything now - it might even be beneficial to get a few builders to provide quotes and ask them to state/ detail how much work is involved in achieveing a level patio (your real requirement as opposed to lifting 3 sections).

starkraving

Hi, no I was not antagonised at all - on the contrary I welcome your thoughts - they do help me think of the case differently in regards to how I will present my defence.

I do have the original sketch, though as the builder agreed with me what was to be done at the time there seemed no need to make a written contract (lesson learnt). I will get some written quotes and reports as to the current status and what it will cost to level.