Garden works and poor standards of workmanship

Celeste87

Hi, I am after some advice on some building work we had done to our house. 

In July 2018 I had several companies quote to replace a retaining wall which is along the boundary of my garden and to relay my patio. There is a public footpath to the lower side of the retaining wall. 

The company that we chose to go with finished the work at the beginning of July 2018 and the guy told me via an email that all their brickwork has an 8 year guarantee. 

By the end of July 18, cracks in the bricks and mortar had started to appear in the new retaining brick wall. Two months later the patio had also started to move towards the wall making big gaps and the bricks all unstable and uneven. 

I contacted the builder and he came and relaid the patio. I mentioned the cracks in the wall but was told that the wall is fine and that it was built correctly. 

Another 6 months or so the patio has started to move again and the wall and fence has started bowing outwards now. I have tried to contact the builder but he was not returning my calls. I sent him an email in December 2019 with dated pictures of how the wall and patio were deteriorating but I got no reply. 

Eventually my wife managed to contact him (he didnt have her number) and he said he had left the country but his brother could come and have a look at the problem. 

His brother came and agreed verbally that the wall had failed and that it needed rebuilding. This was now February 2020. A couple of days later the builder was able to come and have a look for himself. He must have been on the plane from Australia when his brother came to have a look!!

He also agreed verbally that the wall needed rebuilding and agreed to relay the patio again as it was dangerous (especially for my 4 year old daughter) by this point. He took all the blocks up in March 20 and then returned in May 20 to relay my patio but was not able to do anything with the wall at that time. He told me he could do this in September 2020. 

On 31st August 2020 I contacted him to find out when he planned to start the remedial work but he could not stick to a date. 

By November 2020 I am getting really concerned because if the wall was to fall it could injury someone or my daughter was going to get hurt in her garden i would be liable. I just stopped getting any more response from the trader so I raised a complaint with Trust a Trader (where I found the Trader initially). 

They managed to speak to the trader and told me I had to give him 3weeks to come back with a resolution. 3weeks passed and I contacted them and they asked me to give him another week. By this time I am really concerned with how much the wall is leaning out and the holes in my patio. I also have lost faith in him actually committing to put this right. 

Part of the Trust a Trader complaints procedure was fill out a complaints form, get all my evidence to support my complaint and 3 separate quotes for the work to be done to put it right. I have now actually got one of these builders in to rebuild the failed section of wall which is costing me a fair amount of money again and as they are taking down the old wall we are finding the level of workmanship from the original builder is quite simply shocking. 

I have lots of photographic evidence and I feel I have given him plenty of opportunity to make things right but he has just not done anything about it.

I am wondering if anyone here can advise me I have a valid case to be able to take this to the small claims court to try and retrieve what Ive had to spend getting this fixed.

This is what we have uncovered and may explain why the patio kept sinking!!

pphillips

Yes, it looks like you have a good case to take to court.

Just make sure the company has the means to pay any court judgment made against them and isn't being liquidated.

Before you take them to court, start here: https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Celeste87

Thank you for your response. 

Is there anyway I can find out whether they will be able to pay if it did go in my favour before I start down this route?

pphillips

Celeste87 said:

Thank you for your response. 

Is there anyway I can find out whether they will be able to pay if it did go in my favour before I start down this route?

https://www.gov.uk/get-information-about-a-company

sheramber

Is it a Company or is that terms used in a general sense and he is a  self employed  builder?

Celeste87

He is trading as a company. He had a small crew of men doing the work for him. But it would seem he is not registered on Companies House

pphillips

Celeste87 said:

He is trading as a company. He had a small crew of men doing the work for him. But it would seem he is not registered on Companies House

When it's an individual (eg John Smith) trading under an unincorporated company (eg Smith's Builders), your claim is against "John Smith trading as Smith's Builders".

macman

Celeste87 said:

He is trading as a company. He had a small crew of men doing the work for him. But it would seem he is not registered on Companies House

The distinction here is whether he is trading as a limited company. 'Smiths Builders' is not a limited company, it's a sole trader or a partnership. 'Smiths Builders Ltd' is a limited company. Which is it?
No, you cannot determine whether they have any recoverable assets before you sue. If he does not pay onceyou obtain a CCJ, then you must employ bailiffs to enforce it. A builder is likely to have plant and equipment, and a van (which may or may not be on finance).
If he winds up the company, then you may get nothing (unless he is a sole trader).

pphillips

macman said:

Celeste87 said:

He is trading as a company. He had a small crew of men doing the work for him. But it would seem he is not registered on Companies House

The distinction here is whether he is trading as a limited company. 'Smiths Builders' is not a limited company, it's a sole trader or a partnership. 'Smiths Builders Ltd' is a limited company. Which is it?
No, you cannot determine whether they have any recoverable assets before you sue. If he does not pay onceyou obtain a CCJ, then you must employ bailiffs to enforce it. A builder is likely to have plant and equipment, and a van (which may or may not be on finance).
If he winds up the company, then you may get nothing (unless he is a sole trader).

If the company is not on Companies House then it's safe to say that it's unincorporated, unless it's trading under a different name.

If it's a partnership, the OP can take one or all of the partners to court. Whether it's a partnership or a sole trader, their liability is not limited to business assets.

couriervanman

Well as a builder he is cr4p......that crack down the wall in first photo is due to bricks not being staggered/overlapping, and looking at the rest of his work tells me COWBOY.
Trust a trader/Checatrade are a waste of time the same as trust a garage/trust pilot etc far better off getting recommendations from friends/neighbours/work etc, have you ever wondered why they never get bad reviews  

Celeste87

couriervanman said:

Well as a builder he is cr4p......that crack down the wall in first photo is due to bricks not being staggered/overlapping, and looking at the rest of his work tells me COWBOY.
Trust a trader/Checatrade are a waste of time the same as trust a garage/trust pilot etc far better off getting recommendations from friends/neighbours/work etc, have you ever wondered why they never get bad reviews  

I did, but I know now! 

I am not a builder and I dont know of any builders hence why I resorted to Trust a Trader to try and find somebody.

They do seem like cowboys who have cut many corners. I am following them and their work on social media and they are still going! I cannot be the only person they have stitched up in this way