Builder to Small Claims Court

javed_alam786

Hi All,


I got my bathroom stripped and full new rebuild. Work started in Jan 2019 and finished in Feb. Paid the builder in full with door threshold and floor tiles grouting still to be do, that day he packed up his tools and said remaining work will be done day after as tiles need to settle. Today it’s almost end of July, door threshold and grouting yet to be done. His final bill included skip, it is still sitting on my drive. Skip company say they will not take it till its paid for. I have now given up on him to get the remaining work done. But, I have been in touch with the builder many times just to get the skip out and away. He responds by saying "I'll get it moved this Thursday" or "next Monday" you know the usual avoiding excuses. I also contacted the skip company and apparently he is giving them a run-around as well.

Two months back I told him that I'll complain to council and environment agency. No joy.


Since, the completion of work the bath and sink had leaked twice and had to call another plumber to fix the issue. This new plumber tells me it’s one of the worst jobs he has ever seen. Waste trap and connecting pipes were glued together; rubber gasket/washer was broken. New plumber also found that bath side board was fixed without any frame.

As a final warning to builder, I still requested him to get rid of skip in a week or else I'll take him to small claim court and if I do, I'll claim for:
1) Rent for using my driveway for his skip.
2) Other plumbers bill for fixing his botched job
3) Unfinished door threshold and grouting
4) Compensation for the inconvenience caused.

To this builder replied "Carry on with your threats".

I'm left with no other option but to go to court. Should I go straight to court or get someone to mediate or anything else. Please advise.

Sorry for the long post.

DoaM

Do your research on him before you start court action. Is he a Ltd company? A sole trader? Something else? Does he have any other CCJs registered against him?

You need to determine your realistic chances of getting anything out of him if/when you win in court.

javed_alam786

Exactly my thought, is it even worth the effort to go through court.


While looking at the gov.uk website regard making a claim I came across a paragraph "A mediation service could be quicker and cheaper than going to court.". In your opinon is it worth looking at this ?


At the time of employing him he was a solo trader but after couple of week he said that he has registered a ltd company. Today, I cant find any info on company house website active or dissolved.


How do you find if someone has CCJ's ?


Thanks

the_lunatic_is_in_my_head

javed_alam786 wrote: »

I'll claim for:
1) Rent for using my driveway for his skip.
2) Other plumbers bill for fixing his botched job
3) Unfinished door threshold and grouting
4) Compensation for the inconvenience caused.

Pretty sure you can't charge him rent for his skip, you could claim a loss such as paying for parking if your drive was blocked outside the agreed times in the contract for the skip to remain.

Did you give the first guy the chance to fix any problems that arose.

Yes you can claim for work not completed which was paid for.

You can only claim loses, a small claims court won't award compensation for the inconvenience in a situation like this.

You need to send the guy a letter before action giving them at least 14 days to remedy the situation and note if after this time the situation remains you will file through small claims without further notice. Templates for this are available online.

javed_alam786

OK. No rent or compensation for the inconvenience.


Two leaks happened while he was working and other two happened after he had left and wont return my call to fix it. So had to call another plumber.


I have not written a letter but have WhatApp'ed him at least 10 times to get rid of the skip but he keeps replying that he will this day or other. Once (i think) accidently he received my call and again he told me that he will be over next tuesday and get rid of skip. That day never came.

javed_alam786

Can I not push skip company to take it away ? All I want is that skip gonne.

ess0two

javed_alam786 wrote: »

Can I not push skip company to take it away ? All I want is that skip gonne.

Once the skip company have been paid,never pay in full for un-finished work,theres no incentive to return and finish.

javed_alam786

I know, it was my dumbest decision. Thought only couple of minor things left that would take him half a day to do.



Never again.