Claiming back from builder cost of unfinished work

powerful_Rogue

Following on from my other thread, I thought I would add this as a separate question to make it easier.

Quoted for new bathroom to be fitted which included re-plastering walls and ceiling and laying new floor tiles.

Walls were plastered, but gap was left at the bottom where the wall joins the floor. Was told this is because time the plywood and floor tiles are laid, it would hide the gap.

After the floor was laid, it didnt fully cover the gap and as such we have been left with parts of the wall looking like this. There are numerous sections of wall like this on all four walls.





We asked the bathroom fitter if he had sealed the tiles around the floor and he said he couldn't do that until the holes had been sorted. We asked him when he would be coming back to do that and he replied saying that he wouldnt be coming back and has also withdrawn his offer to come back and seal the floor.

We were having our landing re-plastered (by someone else) and asked him about the holes, and he said it would be a difficult job to do and that it wouldnt blend in well. He said the only viable option at this stage is to get skirting placed around the bathroom to hide the holes/defects and then get that sealed.

Weve just had someone in to give us a quote to do this. When he saw the defects his first reaction was "what a bodge job".

Now obviously we want to do all this totally by the book, so I have a couple of questions.

As the builder has already refused to come out and resolve this, do we still need to send him a LBA giving him another chance to come out before we get the work carried out by someone else and send him the bill?

Where do we stand in relation to getting skirting board? If the work had been carried out correctly at the start, the walls would have been 100% plaster. That is what we wanted. As it now seems the only viable alternative is to get skirting to resolve the issue - would that be a satisfactory remedy?

browneyedbazzi

Yes, you need to send him a letter before action - include in the letter that under the Supply of Goods and Services Act it is an implied condition in contracts for services that they will be undertaken with reasonable care and skill. Explain that the condition the wall was left in does not show reasonable care and skill so you would like him to put it right within a set time period. Further explain that if he does not put it right that you will contract someone else to do so and that he will be liable for the costs of this.

As an aside, we had a similar issue when our bathroom was plastered then the floor tiled. There were some rough patches and gaps at the base of the wall that were quite easily filled then sanded and now that it is painted it isn't noticeable. I don't know why your plasterer has made out that it would be difficult.

powerful_Rogue

browneyedbazzi wrote: »

Yes, you need to send him a letter before action - include in the letter that under the Supply of Goods and Services Act it is an implied condition in contracts for services that they will be undertaken with reasonable care and skill. Explain that the condition the wall was left in does not show reasonable care and skill so you would like him to put it right within a set time period. Further explain that if he does not put it right that you will contract someone else to do so and that he will be liable for the costs of this.

As an aside, we had a similar issue when our bathroom was plastered then the floor tiled. There were some rough patches and gaps at the base of the wall that were quite easily filled then sanded and now that it is painted it isn't noticeable. I don't know why your plasterer has made out that it would be difficult.

Thanks for the advice. Will type up a LBA and send.

In regards to the plasterer, he didnt say it would be difficult, he said it would be quite a bit of work to get all the holes filled in and sanded down so they blend in with the current wall. These holes literally go all the way along the floor line and some are quite deep. The skirting was an easier option which would then resolve the issue of any sections not blending in properly - if that makes sense.

I personally prefer the skirting option, not only because it involves les risk, but it will save me time having to mask the tiles around the wall and the extra painting.

Edit - It was also suggested because it would hide quite a few imperfections like this where it hasnt been plastered properly.



Dream bathroom has turned into a bit of a nightmare!

somethingcorporate

Shocking work, I hope you haven't fully paid him for it.

I think the skirting idea is a winner.