Typical Builder troubles - am I really helpless?

CDJW

I, like many others, have suffered the classic builder demanding more money to finish the job.

In my case, after nearly six months of good relations all of a sudden (and 80% completed) I was asked to see him at the site as he had run of money and work is going to stop.....unless of course I give him an extra £20,000. (This amounts to an extra 30% of the original cost)

I have been through the Citizens Advice route and sent the 'breach of contract' letter. I have been to a solicitor and had my free hour where it was confirmed that yes (in his professional opinion) the builder is indeed in breach of contract and I have done nothing wrong...... BUT, I want to take him to court it will cost me around 20K and there is no guarantee EVEN IF I win on every count that I would get my money back. The next time I get advice it will be at £180 and hour.......

How can this be right? Yes I am dealing with a sole trader builder and, of course, I should have avoided going with someone who is not a member of a trade organisation BUT how can someone take my money and not provide the service that I have paid? Why is the only way that this is solved is by going to court? Why is charging for something and then not delivering not criminal?

Is there really nothing I can do?

Christopher

unholyangel

Why would it cost you 20k to take it to court? How much would you be claiming for? How much would it cost to get another builder in to finish the contracted works?

BigBopper

Is your builder a member of any trade associations?

They're often a toothless tiger but maybe worth a try.

I'm sure your solicitor would have informed you if this had gone beyond civil into criminal law. For that there would need to be clear evidence of false representation and not just bad planning on the costing part or coming across the unforeseen.

What's caused the overspend and what still outstanding against the £20,000?

CDJW

Thanks for replying.

I think the court cost estimate is part of my frustration. I really don't know. Citizens Advice tell me that as it is not a 'small claim' I need a solicitor - my solicitor tells me that legal fees to take my builder through the court process could get up to 20K.

CDJW

The builder wrote me a very long letter explaining the overspend. This included :-
Weather
Access difficulties (admittedly the property is a single track road but it was a single track road in April and is still a single track road)
He also now wants a percentage of the 'contactor overheads' - I have purchased a kitchen from another company and he thinks he can take a percentage.... and no this was not in the original contract......

The sad thing is that I don't think the builder has been deliberately malicious but has just got his sums badly wrong.

BigBopper

CDJW wrote: »

The builder wrote me a very long letter explaining the overspend. This included :-
Weather
Access difficulties (admittedly the property is a single track road but it was a single track road in April and is still a single track road)
He also now wants a percentage of the 'contactor overheads' - I have purchased a kitchen from another company and he thinks he can take a percentage.... and no this was not in the original contract......

The sad thing is that I don't think the builder has been deliberately malicious but has just got his sums badly wrong.

What was in your contract about weather? Mine reduced his staged payments when he fell behind.

He saw the access when he quoted.

As for the extras he was contracted to build a shell and not fit the kitchen.

What work is still outstanding? Sadly your best bet maybe to find a new builder.

Marktheshark

You should have employed an architect to manage the payments in to interim payments.
The last 5% of the work costs 70% of the budget on any build.
Bricks and timber are cheap materials.

Marktheshark

PS you sue for the entire project cost in the building trade, non completion = full cost refunded, the contract is to finish the job, not half do it.

BigBopper

Marktheshark wrote: »

PS you sue for the entire project cost in the building trade, non completion = full cost refunded, the contract is to finish the job, not half do it.

Have you got a link to that legislation as I thought you were meant to minimise your loss?

Marktheshark

BigBopper wrote: »

Have you got a link to that legislation as I thought you were meant to minimise your loss?

Suing someone, It is "common law" + Case Law, not legalisation.
Legalisation refers to "rules of society" set by Governments with punishments for breaking those rules.
Different type of law altogether.
Where the contract was for a completed project, you sue for "completion"
at full cost paid.
You leave the mitigation to their defence.
He has the option to limit his losses by completing the project as contract.

BigBopper

Marktheshark wrote: »

Suing someone, It is "common law" + Case Law, not legalisation.
Legalisation refers to "rules of society" set by Governments with punishments for breaking those rules.
Different type of law altogether.
Where the contract was for a completed project, you sue for "completion"
at full cost paid.
You leave the mitigation to their defence.
He has the option to limit his losses by completing the project as contract.

Got any links to case law then?

Anything showing that you sue for full costs and not the outstanding work?

The comment about limiting loss was about the op and not the builder.