HELP - Suing my contractor - is it worth it?

Felics

Jeepers_Creepers said:

Blimey, that is much worse than I thought, Felics.

What were you going to get for your £6210? Lift floorboards, lay insulation, replace boards, sand and finish? If so, that's an almost entirely labour-based job with the only significant extra costs being the insulation, sanding sheets and finishing products. Seems pretty high. You have currently paid £1400 deposit and £1300 for additional boards?

I would say that this contractor hasn't a hope in 'ell of making a successful claim against you - he'd be brass-necked to even try, and will almost certainly be humiliated in court should he do so.

The question now is, how have you been left, and what will it cost to have the job done properly? You have been quoted around £5k to sort it?

If the replacement boards CD bought were unsuitable - and it would appear that they are - then a successful claim for that £1300 should be on the cards. As part of this, you would write to him (recorded method - eg email, text, or recorded delivery mail) to explain that he needs to take them back, explaining why, and refund their cost in full - and do so within (I dunno) 1-2 weeks?; he needs a date. I can't see him doing this, of course, as it would be an admission of his mistake... I guess they are already fitted? In which case you add that, if he doesn't remove them and take them away, you will leave them outside and available for him to collect once they have been removed by your new contractor - you will be suing him for the full cost regardless. The idea is that you are rejecting these boards as unsuitable, and therefore expect him to take them back and refund you - they will 'belong' to him. You shouldn't dispose of them or allow the new guys to take them away until you have given CD a reasonable opportunity to collect them. Suing him for that £1300 should, I'd have thought, be straightforward and almost certainly successful, but the judge will need to demonstrably see that the boards were just not the correct ones and would spoil the overall appearance of your floor. (Do you have names for the types of wood in your original floor and in these replacement boards? Can you keep a sample of each?!)

I would imagine you'd also have a good case to make for getting most of your £1400 back, especially if you can show that they have caused additional damage - sanded existing boards too thin, for example - and theoretically even more if you can clearly show they have left you in a worse-off situation than when they started. Against this, however, is the cost of materials you have gained such as insulation.

I would sit down and do my 'sums' then, and work out just what you will need to win in order to end up with a finished floor at close to the original quote. The replacement boards he supplied - these have to go, and you should get your £1300 back. How much, then, of the £1400 to aim for would, I think, come down to what it'll take to end up with what you wanted from the off. I think I'd be inclined to set it at a level that would achieve this, so claiming £1200 of that £1400 would demonstrate good faith from you, and highlight your reasonableness against his chaotic approach. You acknowledge that he has provided you with some useful materials - the insulation, for example - and that all you want is to be where you should have been in the first place.

Once this is over, you liberally spray the interweb with damning reviews of this chancer...

Oh, do you have Legal Protection on your household insurance? If 'yes', give yourself a pat on the back - this is the sort of thing it's designed for. Give them a call. 

Thanks

Spot on with your first paragraph.

The question now is, how have you been left, and what will it cost to have the job done properly? You have been quoted around £5k to sort it?

Exactly

...As part of this, you would write to him (recorded method - eg email, text, or recorded delivery mail) to explain that he needs to take them back, explaining why, and refund their cost in full - and do so within (I dunno) 1-2 weeks?; he needs a date....

Perfect - I will aim to do this. When I asked him to leave I did tell him he should take the boards as they were unsuitable and he should refund me but he said he didn't want them. They are currently sitting in my living room uninstalled.

...but the judge will need to demonstrably see that the boards were just not the correct ones and would spoil the overall appearance of your floor. (Do you have names for the types of wood in your original floor and in these replacement boards? Can you keep a sample of each?!)..

I can do this but assume only photos will suffice comparing one flooring to another. 

I would imagine you'd also have a good case to make for getting most of your £1400 back, especially if you can show that they have caused additional damage - sanded existing boards too thin, for example - and theoretically even more if you can clearly show they have left you in a worse-off situation than when they started. Against this, however, is the cost of materials you have gained such as insulation.

I agree - I hadn't totally appreciated this point but agree that cost for insulation that was installed should be borne by me.

Oh, do you have Legal Protection on your household insurance? If 'yes', give yourself a pat on the back - this is the sort of thing it's designed for. Give them a call. 

Ahh, alas, something I shouldve signed up for but didn't. Hindsight eh..

I think I will start drafting my claim with all the information everyone has provided. I really appreciate everyone's comments and thoughts on this - it has been invaluable.

I will keep you updated on the whole situation.

martindow

write to him (recorded method - eg email, text, or recorded delivery mail)

I would go for first class post with a free certificate of posting from the PO which is considered delivered two days later.  Recorded (signed for) can be refused and even if delivered it does not always show up on RM's site as received.  You also save a pound or so - very MSE.

robatwork

Felics said:

I will keep you updated on the whole situation.

Most people say this. But you seem different somehow so here's hoping you do...and good luck.

waamo

Just a point to note. Unless permission is given to serve papers by another means you have to use good old snail mail. I note he has sent you an LBC by email. I would write to him and tell him his LBC is deficient and you require one that complies with the Civil Procedure Rule. Point out that failure to comply with the CPR may result in his claim being dismissed before any hearing.

Of course it isn't your job to tell him the rules.