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New Build Work Outstanding - Small Claims Court?
yellowpollycat
Posts: 32 Forumite
Hi, I moved into a new build house on 18 October. Prior to the completion I pointed out the boundary fence was in the wrong place. The builder agreed that it was in the wrong place and said they would remedy it. On 7 November, the fencing contractors came out but refused to move the fence as it required digging out on the other side and they weren't contracted to do that. Since then I've been promised numerous times that it will be done (we currently have a "double fence" at one end waiting to be joined up). On 14 January I was assured verbally that it would be completed by the end of January and booked the landscapers for 21 February. Needless to say, the work hasn't been completed. I now have additional costs of landscaping work, trees and shrubs which are no longer useable and a garden that is half finished. I have lots of photos, copies of emails and texts regarding this plus the evidence of the landscaper who spoke to the site manager and contracts manager almost daily. The site manager always says yes tomorrow but it doesn't get done. Emails to customer services have been ignored. I'm currently at a loss of around £1500 due to unfinished work and unusable turf, shrubs and trees. Am I able to take this to the small claims court? Only I have nothing in writing regarding a fixed date for the work, only verbal. Or is there anything else I can do? thanks
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Comments
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Why did you complete on a house where the fence was in the wrong place? The best time to get this sorted was before completion0
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Most likely witha newbiild the OP exchanged many months beforehand and was locked into a contract which enforced completion pretty much at the builders discretion.0
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Hi, that's true - but as there was no boundary dispute and the builder's agreed to move it, it wasn't an issue. We had a number of works outstanding which were completed within 4 weeks of completion. I'm out of pocket but can't find anything re a verbal contract for small claims?0
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