Claiming money back from builder

Happyduck

We are in the process of taking our builder to the small claims court for damage to our property. It was plumbing work that wasnt carried out correctly and has since caused extensive damage.
After speaking to citizens advice they said in addition to the cost of repairs I can also claim a reduction in his bill as the work wasnt completed to a satisfactory standard which I can add to my claim. Does anyone have an idea on how I put a figure on this?

LilElvis

Happyduck wrote: »

We are in the process of taking our builder to the small claims court for damage to our property. It was plumbing work that wasnt carried out correctly and has since caused extensive damage.
After speaking to citizens advice they said in addition to the cost of repairs I can also claim a reduction in his bill as the work wasnt completed to a satisfactory standard which I can add to my claim. Does anyone have an idea on how I put a figure on this?

Get quotes from other builders (at least 2) for the cost of remedial work.

Happyduck

The remedial work has been carried out and thats what we are claiming but in addition to this its a reimbursement of what we have already paid him if that makes sense

Keep_pedalling

You cannot claim for anything other than your financial losses, which in this case would be the cost of fixing the damage and bringing the plumbing up to spec.

Happyduck

That's what I thought too (not being in a better position than just rectifying the works) but Citizens Advice seemed certain that as the job was not completed a part refund could be claimed. There was a term he used and I can't remember what it was

pinkshoes

The cost of what you have already paid the first builder plus the cost of the remedial work should be no more than the original quote.

Anything above what you have paid for the original can be claimed back.

E.g. If builder 1 quoted £10k, you paid £5k to him but it then cost you £14k from someone to put it right, you would then put in a court claim for £9k against the builder. E.g you have paid out £19k but it should have only cost you £10k.

Happyduck

Where the contract for the work is after 1 October 2015 and falls under the Consumer Rights Act 2015 there are further!statutory!remedies where the builder fails to exercise reasonable skill and care. So if the work is not satisfactory you are entitled to repeat performance of the service or a price reduction.

[Deleted User]

Happyduck wrote: »

The remedial work has been carried out and thats what we are claiming but in addition to this its a reimbursement of what we have already paid him if that makes sense

The cost of remedial work is all you are entitled to. You aren't entitled to a refund of money you paid him to do the work originally in addition to that.
If the work done has been put right without additional cost to you, then you have suffered no loss.