Builder has walked off site

madwife1_2

Hello everyone, I am after some advice.
8 weeks ago I instructed a builder to knock down an old block garage to the rear of my garden and lay a raised patio and level off my garden. This builder is a friend of my partner's whom assured me that I could trust him. I am not completely new to getting work done on my house as I bought a bit of a wreck of a Victorian house and have completed all the internal works, but I have always previously used check-a-trade and recommendations previously.
To cut a very long story short, after starting the job (1st day) the price increased by £5000 to £13,500- previously it had been a verbal quote (please don't shoot me down on this, but he was a friend of my partners). He requested £4k on the 1st day...and to date he has now had £14k. This job was supposed to be a straightforward project taking a competent person about 2-3 weeks. I did have another quote prior to instructing my builder, and the quote he provided me with was very similar.
The standard of the work is extremely poor, his attendance at the site has been sporadic and I still have the asbestos roofing panels sitting in my garden 8 weeks after the garage was removed. The price has risen to £18,500, which I have questioned and asked for a full breakdown in costs - not yet received. The sandstone patio slabs are all lifting (he used a dot and dab system) due to all my concerns I formally emailed him last week and I asked him to put things right to a good standard and provide me with a breakdown of costs. I have also had another landscape gardener come in and he has stated that by his estimations I have been "ripped off" by about 6k and the level of workmanship is poor. I have asked him to provide a report and quote in case this is needed.
The original builder agreed last Thursday (after threatening to rip up all the slabs) to put right the job and he is still expecting another £4.5k from me. I am usually at work whilst he is here, but on Friday I had a day off, and saw him use pink gripfill to "glue" the slabs down - obviously this has not worked and the slabs are easily picked up. I informed him that I needed to speak with him again today (Monday) when he was planning on returning to finish the job off, but he chose to come down yesterday and has stated that he has had enough, taking his equipment and walked off the job.
I am now not sure what to do, I have lots of photo's of the work - I need the garden finished as it remains a building site. Do I contact CAB and start a formal process, instruct another builder or try to find a resolution with the current one. The original is not registered with any  building regulation people - unfortunately I just accepted my partners word.

Browntoa

Small claims court ( money claim online ) will be your only route as advised by CAB 

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/deciding-whether-to-make-a-small-claim/

Be advised it's subject to them having the assets to settle the debt 

Rosa_Damascena

This chap is TTP. He needs a letter of intent to concentrate his mind.

rob7475

That's shocking. What's your partner's opinion on the way his so called mate has ripped you off? I can't believe he though gripfill was going to be suitable for bedding paving slabs - I've heard it all now.

I think small claims court is your only option. With no written quote / estimate, you're on shaky ground (a bit like when you stand on your patio I guess). Before going down the court route, has your partner has words with him? I'd be trying the 'informal' approach first before court as I'm not sure you'll get the outcome you want in court.

mug2007

Our builder sadly and rather recently walked off our job too.  They wanted thousands of pounds extra to complete.  We got a third party involved as our building contractor would not speak to us and we agreed through them not to return to site, omitting nearly all the outstanding works.  I was advised that unless we were dealing with losses of over £40k that the legal route was not in our interests.  £150 per hour for negotiator and then £400 per hour for an adjudicator.  We had no money owed to us and had held a retention so a different situation.  

I think the main thing we learnt through this process though which may apply to you, is to always try to speak to your builder and negotiate if at all possible and seek advice from CAB.  

If the quality of work is not to the standard you require then you may find yourself in deeper water if they do any more works.
In these situations you generally take a hit and it can be rather stressful but once it is all done, it will be worth the effort.  

Mickey666

Rule #1 - NEVER pay in advance for building works.  Agree and pay stage payments and/or monthly valuations if necessary but never pay for work not yet carried out or for materials not already on site in your possession.  No reputable builder will object to such conditions.

Rule #2 - see rule #1

Not much help for the OP I know, who has been shockingly abused by a 'friend', but perhaps useful for others considering having building work done.

Jeepers_Creepers

Hi Brown. Oops, I mean MadWife.

Obviously write down everything that happen, dated and timed. When discussions were made, and what was said. Initial quotes, changes to this along with the reasons, all payments made and by which method (I hope you have a provable record?)

When you've done this, if you are confident you have a solid case that you can pretty much prove, I'd then give them a chance - a 'letter before action' I understand it's called. If they say 'Non', then I think you'd be best advised to get an impartial surveyor out to assess the work, and not rely on another builder's opinion.

Watch the look on their face when they see the 'gripfill'... That is SUCH a cowboy trick, I think your case is open and shut.

stuart45

I remember Tommy Walsh using the 5 dab method on Garden Force years ago, and then a few years later doing some more slabbing saying how you should always lay a solid bed. Some one must have put him straight in between shows.

knightstyle

So he removed some asbestos sheets?  Was the asbestos tested to see what kind it is and does he have a license for this?
'

• If you want to do any building or maintenance work in premises, or on plant or equipment that might contain asbestos, you need to identify where it is and its type and condition; assess the risks, and manage and control these risks.
• The requirements for licensed work remain the same: in the majority of cases, work with asbestos needs to be done by a licensed contractor. This work includes most asbestos removal, all work with sprayed asbestos coatings and asbestos lagging and most work with asbestos insulation and asbestos insulating board (AIB).
• If you are carrying out non-licensed asbestos work, this still requires effective controls.
• The control limit for asbestos is 0.1 asbestos fibres per cubic centimetre of air (0.1 f/cm3). The control limit is not a 'safe' level and exposure from work activities involving asbestos must be reduced to as far below the control limit as possible.'

grumbler

Well, some people say that their "local tip accepts asbestos sheeting from personal disposal. Must be double wrapped in plastic and it put in a special bin at the tip."

greenface2

what has your partner said to them and you . Try to get something back from the builder . If they agree with you its unsuitabl and not fit fpr use then they should refund at least their profit .a lot of knocking down and filling holes is labour not materials . work out how long they've been working in days guestimate materials and try and get the rest back .