Terminating builders contract

Summer_Dreams

Hi

I've had ongoing problems with my builder for months, turning up when he felt like it, some of the work poor quality, leaving us without facilities for months and sometimes leaving the property unsecured!!

He did not issue me with a contract or terms and conditions but he signed a piece of paper I typed up detailing the priority jobs in my extension, of which he never fully completed. I am up to date with payment, i.e. 2 thirds.

Anyway after he failed blackmailing me to give him more money or he'll do other jobs first, he left me living in a builders site for a month. I was afraid to issue a letter warning him as I believed it would cost me more money to complete the job than was outstanding.

After that month he turned up and made a good effort so I thought all was well until I learned he was going on holiday for 3 weeks. Job still not complete and some work will need redoing. He demanded half remaining balance so he had some holiday money. I said no, job still not complete, I have had to live in appalling conditions for months! So he threatened to kill me if I didn't send the money. I've informef the police and don't want him back I have the safety of myself and my children to consider! I'm happy to pay him the outstanding amount minus another builders quote to finish but he says since I terminated the contract (that he never gave me) without giving him chance to finish I owe him the full amount.

I'm currently getting other builders quotes which is a task in itself, will take loads of photos before anything corrected. Has anyone experience of what would happen in court, if he doesn't kill me first, or damage my property which he has also threatened in a text!!

FreeBear

Summer_Dreams wrote: »

I'm happy to pay him the outstanding amount minus another builders quote to finish but he says since I terminated the contract (that he never gave me) without giving him chance to finish I owe him the full amount.

I'm currently getting other builders quotes which is a task in itself, will take loads of photos before anything corrected. Has anyone experience of what would happen in court, if he doesn't kill me first, or damage my property which he has also threatened in a text!!

Pass the text on to the police and insist they take action - Threats of this nature are totally unacceptable.

Do not pay any more money to this "thug" - If he is desperate for the money, he can file a claim through the courts and you can submit a counterclaim to cover the cost of finishing the work.

Check your household insurance to see if it has legal cover and then give the help line a ring. If no legal cover, see a solicitor as soon as possible.

mishkanorman

If you didnt sign a contract he cant produce it to the court as evidence of what he's holding you to, sounds like a sulky little child ! Have you checked your household insurance etc to see if you have any legal cover ? How did you find the builder ? Sounds quite a catch !


ETA,

I hadnt seen the post from Freebear prior to posting mine !

Summer_Dreams

Thanks

After he threatened to kill me I told the police. The text to damage property was a few months ago and I didn't think as much of it as I thought they'd get the job done and I'd pay them!

I don't think I'll have legal cover but my home insurance is up for renewal this month, perhaps I can buy cover that includes it slightly early ready for if he takes it to court?

The counterclaim sounds like a good way to proceed, should I get some sort of surveyor to check out the work first? Also if I have to pay someone else to finish the work I would have to use some of the money I had set aside for the old builders so wouldn't be able to pay them in full. I could get some of my family in to do some of the basic stuff but then wouldn't have the receipts if I needed them in court! But I need to make the house a bit more liveable before it goes to court!

FreeBear

It is quite possible that the insurance company would decline to fund any legal assistance on the grounds that the "problem" started before cover was taken out.

If this builder does file a claim and you issue a counterclaim, there is every chance that it will get thrown out and the judge finding in your favour. However, by the sounds of it, this guy is running a dodgy business and probably doesn't have any cash or assets that can be seized when he loses.

You need to get a survey done listing all the defects along with what needs doing to rectify the defects and complete the project - Get a paper trail started so that you have everything in writing should it ever go to court - This includes all police reports regarding the threats of damage & personal injury.

Summer_Dreams

Thanks. I haven't had any quotes yet to finish the work despite new builders promising it, but I really don't think it will cost what I owe him to finish it, hence I'm happy to pay him the difference, or if it were to cost more I wouldn't expect anything back from him, I just don't want any harm to come to my family I'm a single mum with 2 young children!

When I eventually get a quote I was planning on offering him the difference in a letter that should look good in court!

theonlywayisup

Summer, whilst it is relatively easy for those of us not in your situation to offer advice, I understand it's quite a different matter to be the person on the receiving end.

You don't say what area you live in, but in our area it is relatively easy to get the local Constabulary to fit a Home Office alarm. Find out if this is something your local force offer, it is free for you and will be additional reassurance should you fear anything untoward. That aside the likelihood of this idiot actually doing anything is remote to say the least, little help I know.

Tothepoint.

theonlywayisup wrote: »

Summer, whilst it is relatively easy for those of us not in your situation to offer advice, I understand it's quite a different matter to be the person on the receiving end.

You don't say what area you live in, but in our area it is relatively easy to get the local Constabulary to fit a Home Office alarm. Find out if this is something your local force offer, it is free for you and will be additional reassurance should you fear anything untoward. That aside the likelihood of this idiot actually doing anything is remote to say the least, little help I know.

So is her hope of getting such an alarm at this stage.

theonlywayisup

Tothepoint. wrote: »

So is her hope of getting such an alarm at this stage.

Not at all. It depends where she is. As I said, in my area it isn't difficult at all.

Tothepoint.

theonlywayisup wrote: »

Not at all. It depends where she is. As I said, in my area it isn't difficult at all.

Devon and Cornwall must be the only force in the country with an bottomless pot of money then. There's no immediate threat so it's not going to happen.

Furts

With a builder operating in this manner one has to ask if the work has been undertaken to a good standard or has it been bodged?

As a new builder is being considered the undertaken work should be examined by a professional, a report prepared and a schedule of works produced to bring matters to a close. This report can be used if Police become involved, or if matters progress to Court.

The cost of the professional would be met before considering paying the builder any more money.

None know the size, or scope of the works. Nor do we know what payments are involved. Consequently it is not possible to give definitive advice, but engaging a Clerk Of Works would be a satisfactory way forward.