Builder Dispute - Fraud? Please Help!!

david1951

Fast_ted wrote: »

The whole point about the different name as surely it can't be legal setting up a company in a different name and using a different date of birth?

That isn't really your problem. Him breaking the law and breaking your contract are two separate things. If he has commited a crime then report it to the police, but it won't help get your money back.

In court, you simply need to prove that the person you are suing is the same person who signed the contract and carried out the work. A solicitor could do this quite easily.

You can't freeze his assets without a court order. I very much doubt you will be able to get an injunction quickly, since the case will require detailed arguments from both sides. However, a decent solicitor could advise you further.

You could try to get in touch with the other people you say he has walked away from. Perhaps you can pool your resources and pressure him together, possibly using common legal counsel.

Furts

Fast_ted wrote: »

And here I was looking for help.....

The contract is a FMB Minor Works contract. I accept the design was incorrect and this was a change but variations are always going to happen on any large project. I would expect the builder to work with us on this as he is the one that was going to build it so his input is important.

As for the asbestos it was in the house when we bought it and part of the work was to remove it. I'm not sure how I can be at fault for the builders leaving debris and to suggest I'd get prosecuted is beyond ridiculous. Unfortunately I work so difficult to stop builders removing their tools.

The whole point about the different name as surely it can't be legal setting up a company in a different name and using a different date of birth?

Contract isn't worth anything if he folds the company

I have offered a view on your situation. You are showing incredible naivety in all this. I do not accept your points regarding the design. This was a c-ck up which you now seem to be admitting. It has serious ramifications with steels, padstones and Buildings Regulations. You and your Structural Engineer have a lot to answer for here.

To add further, I have engaged builders to carve up may home, demolish exterior walls, prop roofs, build extensions out in four directions ... there were no changes on anything structural from day one to completion. To think you can mess around a builder with changing your mind is naive in the extreme.

You have now mentioned the contract. Was it signed and actionned ? What does it say about a re design part way through a project? Why are you not going after the FMB? What does it say about the builder walking off?

As for the asbestos, if a neighbour reported you to HSE you would be in it right up to your neck. As part of your building preparation did you consider the CDM Regs here?

Many people work which is why they engage professionals to help them. Where was your Project Manager/Clerk Of Works/Chartered Building Surveyor? Just because you are working is no excuse for allowing this situation to arise.

You are way out of your comfort zone on all this. You should consider exactly what advice you have been given by your Structural Engineer. You may have a case against this person. Look closely and a claim against their PI (if they have any) may be possible.

Annie1960

You need legal advice.

I don't know how things work in Scotland, but in England many house insurance policies (and some car insurance policies) come with legal cover. Check yours.

If not, do you have Trading Standards in Scotland?

Alternatively you could get telephone legal advice to help you decide what to do.

http://www.lawexpress.co.uk/You

It costs around £30 per call, which is as long as it takes.

I suspect you will want to take some time to make your decision about what to do, and the more advice you get the better.

The other option in England is to phone a couple of local solicitors who will be happy to spend a few minutes on the phone with you giving you advice about your options.

Doozergirl

So he is a member of the FMB?? FMB contract or JCT?

You need to be a member of the FMB to use their contract. They do offer, or certainly did offer, arbitration between members and clients, but the FMB have expectations of prospective members that I doubt he meets.

You shoud check that membership. if he is a member, ask what help is available. If he isn't, they will investigate to try and stop him doing this in future but not necessarily help you directly.

I'm afraid that I have been in similar situation with a client and took advice from our solicitor. We could have come out with more than we would pay in costs but we decided that the stress wasn't worth it. Even with all relevant contracts in place and huge paper trails.

It sounds like you already know what your potential issues are now. I'm afraid the only way to avoid (or ultimately minimise) the situation is to have someone somewhere acting as the contract administrator. I actually do this myself on our projects as we won't be project managed by others anymore (the bad client had an even worse architect project managing us), but I'm completely transparent.

It is more important to do all due diligence and have contracts and payment schedules in place when you deal with larger numbers and are outside the small claims route. Never pay for a project in advance. Bespoke items, yes, but they should itemised within the quotation.

The best way to pay is by breaking down sectios of the contract and marking % against each stage at agreed points. You pay for the exact % as agreed, as completed.

14 days or more with additional time for the client to review and pay.

We bill fortnightly on large projects but weekly pay is astounding. It takes so much time to do a proper application for payment and then administer those payments to suppliers! It means you only pay for what has been carried out and it also proves that the builder is tracking their own costs correctly. You can't run a £200k project on the back of a fag packet.