Typical Builder troubles - am I really helpless?

philatio

Sounds that way Macman.

Full payment up front = asking for trouble

CDJW

philatio wrote: »

Sounds that way Macman.

Full payment up front = asking for trouble

So it is my fault and therefore there is nothing I can do?

For the record not paid up in full but certainly paid for agreed work that has not been completed.

ThePubLandlord

CDJW wrote: »

So it is my fault and therefore there is nothing I can do?

For the record not paid up in full but certainly paid for agreed work that has not been completed.

Give us the full picture then.

Full amount agreed, how much work was done and paid, what work is still left?

philatio

CDJW wrote: »

So it is my fault and therefore there is nothing I can do?

For the record not paid up in full but certainly paid for agreed work that has not been completed.

No its not your fault, but if he has the money now then court is your only answer. He's not going to simply give it back.

How much of the agreed cost have you paid (if you haven't paid it all up front)

macman

The total job was £60K. If it's 80% done then you should have paid him £48K. So as long as you still have £2K of that £60K unpaid then you have at most £10K overpaid, You can sue him yourself via the small claims process for up to £10K, so no need for any legal bills at all.
Start with an LBA giving him 14 days to commence work at the original price or refund for work uncompleted. Simples! Well, assuming he has any money or assets...
And in future don't pay upfront.

CDJW

An update......

Having done my letter before action to old builder it looks like court is my only option. He mantains that the work he has done is worth what I have paid. I cannot afford a solicitor but I think I can manage to do the court process myself....although it is very scary and not cheap.

In meantime, two of his suppliers have contacted me as they have not been paid. He rather cleverly sent and email to me claiming unpaid invoices and copying all his suppliers in. This makes it a bit his word against mine...... One supplier has told me that I need to pay him or he will be using a debt collection agency. Whist I think my arrangement is solely with the builder and not with his suppliers, I am not looking forward to being chased.

Old builder has moved onto a new property which is in the same village........

prosaver

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.

a lot of builders wont finish the job as they might think your a bad payer or a unreasonable client.. (which you not).
im a builder ..wheres the extra 20k come from ....
i built my extension,, 6 meters by 3 meters for 12k

prosaver

you didnt pay him cash in hand .if not show the suppliers you've paid him.

flyer

CDJW wrote: »

An update......

Having done my letter before action to old builder it looks like court is my only option. He mantains that the work he has done is worth what I have paid. I cannot afford a solicitor but I think I can manage to do the court process myself....although it is very scary and not cheap.

In meantime, two of his suppliers have contacted me as they have not been paid. He rather cleverly sent and email to me claiming unpaid invoices and copying all his suppliers in. This makes it a bit his word against mine...... One supplier has told me that I need to pay him or he will be using a debt collection agency. Whist I think my arrangement is solely with the builder and not with his suppliers, I am not looking forward to being chased.

Old builder has moved onto a new property which is in the same village........

Don't worry, you cannot be chased by the suppliers as you do not have a contractual relationship with them.