Small Claims : Builder not responding on defective works

Debt-Free_Dreamer_2

Hi All,

Hoping for advice as to whether a small claims court claim is the way to go.

I'll try to keep this as brief as possible. 

During the summer of 2020 we instructed a contractor to lay a new concrete slab to serve as a foundation for a new small shed. The quotation provided was for a 100mm-150mm reinforced concrete slab. Total value in the region of £1,200-£1,500.

The day of the concrete pour was one of the hottest on record, and as a result the concrete failed to cure properly, and started cracking, as proper measures weren't taken.

Initially the contractor came back and applied a screed, which subsequently cracked and has had to be swept away. The concrete now exposed is very powdery, and it is also clear that no reinforcement has been provided, as stated within the original quotation. 

Since October 2020 we have been chasing the contractor, who has promised to revisit on several occasions but then just never turns up. He is now not responding to any texts, emails or phone calls.

I would like to resolve this amicably, but lack of communication on his part makes this impossible and I feel he has left me no choice but to pursue action through a small claims court.

Ultimately we will need to either break out and recast the slab, allowing to move the shed, or make good the existing slab with a proper finish, if this is even possible.

Is a small claim worth pursuing?

Thanks in advance,
D

Aylesbury_Duck

For £1500 I'd think so, yes.  But you'll have to make a judgement as to whether he'll pay up if you win, or be able to.  I assume you have his name and address?

Debt-Free_Dreamer_2

Yes, I have all his contact details, and as far as I know he is still working on other jobs. 

macman

Sole trader or limited company? 
It's only worth pursuing if they have recoverable assets, which in the case of a limited company may be negligible. He may still be trading, but under another company.
If he's a sole trader, then he may have more personal assets to target.
Either way, you must send an LBA first, and to the correct corporate body: sole trader or limited company.