Poor bathroom work done by builder - Advice needed

Dee_

I have just had my bathroom refit and am really unhappy with the work done. Some of the issues:
- lipping of tiles
- some chipped tiles have been placed on the walls
- grout lines are messy
- silicone over tiles, grout and thick around most areas
- tile trim corners do not meet at the window
- metal part of bathroom screen is dented and scratched

I have asked the builder to redo the work, however he does not want to and has asked me to pay 2K out of the total cost of £2,800. (He did not ask me for a deposit or any monies upfront). This 2K he says is for the cost of materials, plumbing and rubbish removal.

I do not think this work is worth 2K, also to redo the work I am getting quotes of 2.5K + materials. I will also have to bear the cost of new tiles (£800) but if I don't pay he is threatening to take me to court and has said I will lose the case and end up losing more money.

I looked up his company and it is dissolved. Does this make it more difficult for me to claim anything back? Citizens advice advised me to pay him the money otherwise I am in breach of contract for not paying him for the completed work and then take him to court to claim this back. Is this correct?

Any advice would be most welcome.

SouthUKMan

A few quick thoughts...

In my experience, when a builder / tiler / fitter, etc does a poor job to start with - it's usually because they've already reached the limit of their skills. In other words, you can get them back time and time again to 'correct' their work - but if they don't have the skills, then they don't have the skills. Legally you do first have to give your builder an opportunity to correct his mistakes, however unless he subcontracts the work to a more skilled labourer then you're not likely to see much improvement.

The builder has a duty to carry out his work to a 'reasonable standard'. Gather evidence - eg - written statements from three other qualified (and ideally long established) craftsman to say the work is substandard and get them to quote for how much it will cost to correct the work. Take plenty of photographs - both general shots of the poor work, and clear in focus close-ups of all really poor work.

Regardless of how poor you believe his work to be, until such a time there is ever a professional ruling (eg small claims court), it is only your personal judgement against his that the work is substandard. I'm not doubting you for one moment, HOWEVER let me play devils advocate for a minute. Who are you to say the work is poor? Nine other people out of 10 might be totally delighted with the same quality of work carried out and YOU might just be the annoying customer from hell that every tradesman dreads. I say that because by withholding payment, it is you who will be breaching contract. As much as it will hurt, you do need to pay. But this is what I would do.... I would try and reach an agreement with the builder that you will pay say £1,000 now on condition that he fixes the agreed faults and that you will make full payment once the work is completed. Get this in writing and get a receipt for all money paid at at all stages. Remember, you DO have to give him a chance to correct the faults and you DO have to pay.

If he refuses to carry out the work, then pay the full amount signed 'under protest' and write him a formal letter sent to his home / work address (and posted signed for delivery) placing him on notice of your intention to make a claim in the small claims court for the full cost of the work and materials.

Also, should you proceed with a claim - written evidence from three other experienced builders, detailed photographs of the poor work and a clear written timeline of events will be key. Despite the poor work, a judge is unlikely to rule 100% in your favour. There is an onus on you to carry out checks on the quality of his previous work before contracting him (you did seek references didn't you?!) and despite the poor labouring - you have got the materials that you haven't yet paid for.

Alfrescodave

The issues you mention appear to only be related to the tiling and you say that to redo the work will cost 2.5K + materials but the total cost was only £2800. Have you obtained quotes for retiling or refitting the entire bathroom?
My approach would be to get quotes for replacing the poor tiling and then offer the builder £2800 minus the retiling cost