Builder Delaying Completion of Works - Court Claim?

Ollie_D

I'll try to keep this simple and not vent too much, I'm just want to check I'm not thinking wrong.
We instructed a company to construct a new garage, patio and landscaping and this commenced in June 2019, I believe the original estimate was a 6-8 week completion.
We are currently in a position where there are still works remaining and the patio that was laid needs replacing (which they have agreed).
We have endured several delays during this project for a multitude of reasons, and with a family bereavement and Covid we gave him some space and became aware he was back working again in May.
Since then they has been the promise of work, but nothing has materialised. 
He is currently working, just not finishing my job and can not give me a day when he intends to finish my job.
I have subsequently sent him a letter stating that I am willing to give him until the end of the month to finish the work or I will employing another contractor and will be seeking any additional cost from him through the small claims court.
Does that seem reasonable? Any thoughts appreciated.

ashe

Have you paid him?

Ollie_D

We are yet to make the final payment, although annoying the patios didn't show as faulty untill after the last payment, so I suspect that we owe him less than it will cost to complete.

Doozergirl

The letter was the right thing to do. 

To be on the safe side, you'd want another three quotes to show that the price charged was fair.  I don't think you'd be obliged to pick the cheapest, as long as it's in the right ball park.  

I'd issue the money claim online before hiring.  It might give them the final kick up the backside they need to come back, which is always the least risky financial option for you.  

Ollie_D

@Doozergirl Can I submit the claim before incurring the additional expense?

Doozergirl

Ollie_D said:

@Doozergirl Can I submit the claim before incurring the additional expense?

Yes, why not?  Your point is that they haven't done the work.  The quotes help you quantify the cost.  

Ollie_D

Doozergirl said:

Ollie_D said:

@Doozergirl Can I submit the claim before incurring the additional expense?

Yes, why not?  Your point is that they haven't done the work.  The quotes help you quantify the cost.  

Good point, hopefully get some quotes in this week.
Once I file the claim will they receive a notification and can hopefully reply immediately to resolve any need for court. If this is the case will I still have to pay court costs?

Doozergirl

Ollie_D said:

Doozergirl said:

Ollie_D said:

@Doozergirl Can I submit the claim before incurring the additional expense?

Yes, why not?  Your point is that they haven't done the work.  The quotes help you quantify the cost.  

Good point, hopefully get some quotes in this week.
Once I file the claim will they receive a notification and can hopefully reply immediately to resolve any need for court. If this is the case will I still have to pay court costs?

Yes, but it was £25 when I did it.  

Mistral001

Sending the letter was the wrong thing to do in my view.  He is likely to dig in his heals and just stop coming altogether If that happens, you will find it very difficult to get another builder to finish the work.  You are likely to get a job that is more expensive and will take longer than if you had just waited.  If you do get a builder to finished the job and then send the first builder the bill, then the first builder will ignore it and you will have to take him to court.  The judge will not be as sympathetic to your case as you think.

Ollie_D

I have tried to be reasonable, hence waiting 14 months. The letter was my last resort as work just wasn't happening.

I have had a contractor round this morning to give me an estimate to complete the works and as anticipated it is significantly more than the amount remaining in the 'pot'.

I have advised him of this and requested that he completes the work. He had stated he has a right to see this quote, I get why he might want to see it but surely he doesn't have to.

Doozergirl

Mistral001 said:

Sending the letter was the wrong thing to do in my view.  He is likely to dig in his heals and just stop coming altogether If that happens, you will find it very difficult to get another builder to finish the work.  You are likely to get a job that is more expensive and will take longer than if you had just waited.  If you do get a builder to finished the job and then send the first builder the bill, then the first builder will ignore it and you will have to take him to court.  The judge will not be as sympathetic to your case as you think.

It's been 18 months!  How long are they supposed to wait?!  The builder has already stopped coming.  

Standard within a contract is to give 14 days notice to complete the work required and then you can go to litigation. 

The OP needs to evidence the unfinished/poor workmanship, show the letter before action, show any other previous failed attempts to get the builder to come back, and their three quotes to show that they are claiming a fair amount for remaining work. 

The OP has done absolutely nothing wrong.