Can a builder dismantle a job of I don't pay?

MrGlassHalfFull_2

Hi there,

I've got a dispute with a builder who didn't carry out the work as quoted and the workmanship of another bit is questiontionable.

Whilst it won't take much to put right, he is refusing to admit there's any problem and says if I'm unwilling to pay him he is happy to come and dismantle the job.

My question is can he enter my property whilst im not there, and start taking down building work that I've already paid a deposit on, and supplied some materials for myself. Trading standards say no but police say yes.

Anyone come across this before?

MrGlassHalfFull_2

To update the work is a rear extension so he can access it quite easily.

zzzLazyDaisy

He is bluffing you.

Once goods have been sold/work has been done, the seller can only take back the goods if there is a 'retention of title' clause in the contract. Even if there is such a clause, it is void if the goods have been substantially incorporated into something else, for example when bricks become part of a building.

In English - no he can't take back his goods or dismantle his work.

The way forward is to give him an opportunity to put the work right.

here is an article about retention of title, for info (though I doubt there is a valid RoT clause in his quote/contract with you anyway)

http://www.orj.co.uk/pdf/ORJ_News_Retention_of_Title.pdf

arcon5

No he can't, to enter your property without your permission would be trespass! If the work in question is fixtures then the goods could also be considered part of the fabric of the building and even if the builder had a retention of title clause in the contract it would be unenforceable.

If there are some minor dilapidations, this is NOT an excuse to withhold the WHOLE sum. Get a couple of quotes from other builders to do remedial work, then pay the {total due - cheapest quote}. Then give the builder a deadline to complete the work before you instruct somebody else to do it.

If however you are wrong, the builder is well within his rights to take you to court and see if a judge agrees.

arcon5

zzzLazyDaisy wrote: »

[snip]

Darn, you got there first!

MrGlassHalfFull_2

Thanks for the replies. I'm not going to withhold the whole amount. Just the bit to complete the work he has quoted to do and to re-do another bit to a reasonable standrard (so far a few builders and a professional body have looked and said its very poor).

My concern is that he'll ignore weak civil law and go ahead and dismantle anyway. The police have already said they wouldn't intervene of he's offered a service and hasn't been paid and wants his materials back.

Would have thought criminal law would have been stronger but apparently it's all civil. All well and good him breaking 'trespass' laws but no good if I'm left with a gaping hole with months of cost and litigation to challenge him on it.

I'm happy to explain to a judge if he takes me to court.

No real contract in writing, just his quote which he's not met and his poor workmanship.

molerat

Crossing your boundary is trespass, starting to dismantle the building would be criminal damage and plod should get involved (if you can get them out of the doughnut shop :mad:)

arcon5

Phone the police again - speak to a different person.

If he does come on to your property, remember, you can now use 'reasonable force' to defend it.
The police will soon come then, and I cannot see them allowing the builder to continue dismantling your property, at least without a court order.

'999 What's your emergency'.
'Please send a police offer to XX YYY Lane, somebody is trying to break in to my conservatory. I have a weapon and i'm going to try stop them. That's XX YYY Lane in ZZZ'.

Bet they'd soon arrive.

frugal_mike

The police can't do much about trespass as its not usually a criminal offence, but surely destroying your property is criminal damage. And how the heck would the police know whether you owe him money or not? They can't get a contract law expert in every time they are called out. If I called the police and told them someone was demolishing my house I would expect them to help! Very worrying....

MrGlassHalfFull_2

molerat wrote: »

Crossing your boundary is trespass, starting to dismantle the building would be criminal damage and plod should get involved (if you can get them out of the doughnut shop :mad:)

That's the point. Police say that trespass is a civil matter and its not criminal damage if he can explain a lawful reason to dismantle it. Not being paid for services of putting it together is apparently enough for them to believe there is 'lawful' reason to dismantle it. It's insane.

Maybe they were wrong, but there's no real deterrent if he knows there's no police comeback were he to go ahead when I'm out.

Should mention I'm over 100 miles away from the property, builder knows this.

ThumbRemote

But if OP hasn't actually paid for the work, then surely it remains the property of the builder.

There is no criminal law of trespass in the UK, so he can enter the grounds. And if the goods haven't been paid for, I'd have thought he was quite entitled to reclaim them.