Problem with builder

kate.80

I’m hoping someone can help to keep me on the right track with regards to getting some shoddy work rectified.

We have recently had some building works done to our house, part of which was the replacement of a section of roof. This has since started leaking when the heavy rain started around 2 weeks ago and we informed the builder immediately. He has been round to look at this a couple of times but he’s saying that the leak is coming from a part of the roof he didn’t work on. We have had 3 roofers round who have all said the opposite. They have also said that the workmanship is poor, the materials used are substandard and not fit for purpose.

I know I’m supposed to give the builder time to rectify the problem which I feel I have done. The problem is that he won’t put it in writing that he is refusing to correct the work. Rather than responding to my emails, he phones my husband to tell him verbally.

So what’s my next step? Do I send him a letter before action giving him a further 2 weeks to correct the work (in which time the roof is still leaking), or can I contract another roofer to correct the work and claim this money back from the builder with an MCOL?

I’d be very grateful for any advice on what to do next 😊

hollydays

Send him another email telling him only to respond to you in writing.

kate.80

I’ve already sent him 2 emails asking him to respond via email. My husband has also asked him to respond by email when the builder phoned him.

Any ideas what is an appropriate amount of times to request this and how long do I give him to respond so that I’ve been seen to give him a fair chance?

DoaM

Write (a proper letter, sent via post - get a certificate of posting form the PO and attach it to your copy of the letter) to outline your complaint, to define what you expect as a resolution, and the time line in which to do so (e.g. 14 days). If he doesn't provide an agreed resolution in that time line then you'll arrange for another contractor to provide the resolution and proceed to MCOL (small claims) to recover the additional costs. This is essentially a Letter Before Action (templates available online).

Before starting MCOL though check out your builder to make sure he has assets that could be seized if he failed to pay out on the claim (assuming you won). If he's a Limited company then he could possibly close the company and reopen under a different name - if he's a sole trader then you can pursue him personally (rather than the company).

kate.80

I’ve done all of the above and the 14 days are up today. The builder emailed me this morning to let me know he’s coming tomorrow to look at the roof. I feel as though these are just delay tactics as he hasn’t even said he will fix the roof, only ‘look’ at it.
Do I still have to give the builder access to my property now that the 14 day deadline has passed? I really don’t want to deal with him any more but would it go against me if I refuse access & proceed with an MCOL.