Suing builder confusion

amadf

Hi appreciate any help!

Im suing a builder but Im not sure how to calculate the costs of the defects, theres many issues like damp roof and leakage. How do I go about calculating the costs of repairs? Do I have to get a quote from another builder to fix it and add those to the amount im suing the builder for? or do i first get it repaired and then sue for the costs?

the defects are very obvious (such as water dropping from the ceiling)

and what about cosmetic defects, for example, i told the builder to use a certain type of brick for a number of rows, and he did not do this (in breach of contract), do i just sue for costs that i think is reasonable??

tacpot12

Normally you need to get three quotes from other competent contractors to repair the work, then take the average of these quotes. If some of the damage needs fixing immediately to avoid further damage, you should get the work done and sue for the cost of the repair, but be prepared to have to explain why the work couldn't wait until after the court case to be done. You should try to limit the amount of work done prior to the case to the bare minimum - so essential/emergency repairs only.

With cosmetic defects, the builder may argue that your loss is much less that the cost to fix the problem, so you might have to settle for less, but I would get three quotes to fix the problem (as above), and see what the judge decides. Did you give the builder a written specification of the types of bricks to use for a number of rows? If you told him verbally, he could just say "The customer never specified anything to me". The judge will have to consider who they believe - so what evidence do you have that you specified the work to the builder?

amadf

Thanks tacpot
the entire building has already been constructed so it cant be fixed and the contract mentions the number of rows, the builder did less rows than was specified in the contract, ill have to come up with a reasonable price of the irreparable defects on my own?

waamo

amadf wrote: »

Thanks tacpot
the entire building has already been constructed so it cant be fixed and the contract mentions the number of rows, the builder did less rows than was specified in the contract, ill have to come up with a reasonable price of the irreparable defects on my own?

You can't just invent figures. Get a builder to give an estimate if you can't get a firm figure. You need some sort of evidence.

amadf

waamo wrote: »

You can't just invent figures. Get a builder to give an estimate if you can't get a firm figure. You need some sort of evidence.

how do i get a builder to give me an estimate for a cosmetic defect which cant be repaired

waamo

amadf wrote: »

how do i get a builder to give me an estimate for a cosmetic defect which cant be repaired

If you are going to leave it "as is" then claim the difference between what it did cost and what you were quoted for. You should be able to come up with a rough figure. Things like fewer bricks, quicker build time etc are quantifiable to some degree.

thearchitect

If this is going to court then I strongly recommend that you seek the advice of a chartered architect or building surveyor, who can advise on scope of work and costs with a high degree of confidence.

amadf

i did a bit of research on companies house and the builders Ltd company which im suing only has 1k on its micro entity balance sheet, is this the maximum i will be able to claim before he dissolves the company? it appears he may not be declaring the income especially since i paid him alot of money

davidmcn

amadf wrote: »

i did a bit of research on companies house and the builders Ltd company which im suing only has 1k on its micro entity balance sheet, is this the maximum i will be able to claim before he dissolves the company?

No, the balance sheet doesn't necessarily relate to the amount of cash they have at the point you sue them. Though you should of course bear in mind the possibility that you won't actually be able to extract money from them.

hollydays

amadf wrote: »

i did a bit of research on companies house and the builders Ltd company which im suing only has 1k on its micro entity balance sheet, is this the maximum i will be able to claim before he dissolves the company? it appears he may not be declaring the income especially since i paid him alot of money

You paid cash?

amadf

hollydays wrote: »

You paid cash?

yes almost all of it was, by the way this was almost 3 years ago