Typical Builder troubles - am I really helpless?

Marktheshark

BigBopper wrote: »

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.

I can research cases for you if you would like to employ me to do so.
I charge £75 per hour for research.

BigBopper

Marktheshark wrote: »

I can research cases for you if you would like to employ me to do so.
I charge £75 per hour for research.

Very helpful for the op. :T

pinkshoes

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.

Did you get other quotes to get the work completed at the time?

You need to WRITE back, with a copy of the contract you signed, showing that he agreed to complete the building works at a cost of £X, and you expect it to be completed at this cost.

Your back up plan is then to get three other builders to quote to finish the work, then tell your builder that unless he finishes the job, you will be paying the most reasonable of your three quotes to finish the work, then taking him to the small claims court for this cost.

Small claims court is done online, and you do not need a solicitor to send letters - you can represent yourself.

The fees are listed here:
https://www.gov.uk/make-court-claim-for-money/court-fees

It will obviously depend in how much it will actually cost to finish the build.

somethingcorporate

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.

This smells like BS. Back up your argument with something more than conjecture or an offer of getting paid for your "research".

It fails because if OP has an 80% completed project and a full refund he has enjoyed "betterment" at zero cost. No court would agree to it. He would be entitled to the cost to complete the project and nothing more.

Mitigation is the OPs responsibility.

bris

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.

It is BS, you sue for the costs to fulfil the contract only.


It would be worth trying to find out what assets the builder has. Does he own property etc, this would give you an indication of whether he can pay the claim as well as the costs or not.

CDJW

pinkshoes wrote: »

Did you get other quotes to get the work completed at the time?

You need to WRITE back, with a copy of the contract you signed, showing that he agreed to complete the building works at a cost of £X, and you expect it to be completed at this cost.

Your back up plan is then to get three other builders to quote to finish the work, then tell your builder that unless he finishes the job, you will be paying the most reasonable of your three quotes to finish the work, then taking him to the small claims court for this cost.

Small claims court is done online, and you do not need a solicitor to send letters - you can represent yourself.

.

Thanks,


About to collect some other quotes. My (now old builder) says £20,000 to finish but obviously other builders are available.


Happy to take on the builder myself but I think the sums are too large for a 'small claim' and frankly I am a little scared of court fees without expertise.....even though I maintain that my case is watertight.


I suspect my next step is to write, set out clearly my claim and threaten court action. [He has already had my 'Breach of Contract' letter].

DevCoder

bris wrote: »

It is BS, you sue for the costs to fulfil the contract only.


It would be worth trying to find out what assets the builder has. Does he own property etc, this would give you an indication of whether he can pay the claim as well as the costs or not.

hmm what did you expect? Always the full guns blazing guns ho advice which accomplishes very little other than getting the other sides back up.

Oh and factually wrong in most cases.

Prothet_of_Doom

When I had building work done, on a much smaller scale, a simple loft conversion. I offered the following payment structure. On a fixed Price. £1000 up front. £3000 when plans and building consent obtained, £5000 when the roof was on and the building watertight. £4000 when finished £2000 1 month after finishing in case of problems.
It was very clear that there were to be no changes as the plan and the design was very clearly defined in the quote.

ThePubLandlord

Prothet_of_Doom wrote: »

When I had building work done, on a much smaller scale, a simple loft conversion. I offered the following payment structure. On a fixed Price. £1000 up front. £3000 when plans and building consent obtained, £5000 when the roof was on and the building watertight. £4000 when finished £2000 1 month after finishing in case of problems.
It was very clear that there were to be no changes as the plan and the design was very clearly defined in the quote.

What four grand before he's started and any materials are on site? You're having a laugh, no way.

macman

I don't see the problem here. Since the job is only 80% complete, then presumably you have only paid him less than 80% of the full contract value to date? So end the contract now based on his breach of contract and find a new builder to complete the job. If he's is unhappy with that arrangement, let him sue you.
Please don't tell us that you have paid 100% of the original agreed sum to him already...