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Advice after builder has left without completing works

Our builder has left our job incomplete and is refusing to respond to my letters/emails.  He stated that we were 'late payers' strangely 2 days after we paid the next agreed installment in full.  He has installed the wrong windows in our house and left the job without completing renovations to our bathroom.  He stated in a text that he had "left us 5000GBP in the budget" to complete works but it is going to costs significantly more to get the work done.  He also then refused to pay the plumber, gas fitter and electricians for works to complete kitchen directing them to us when it was agreed that they were part of the overall budget - no I do not have that in writing, he assured us repeatedly that the only additional expense was the kitchen fitter and any decoration, eg tiling in the bathroom etc which we accepted.  He then stated that there was only a '10 point plan' for the electricians (9 electrical points in the bathroom and 1 in the kitchen to be paid for by him apparently) but we had never heard anything of this.  We do not have this in writing but he never committed this to writing either, the first we heard of this '10 point plan' phrase was in a communication AFTER he had left the job.
I have sent the pre court letter offering to use a dispute resolution service but he has not acknowledged the letter (sent recorded delivery so he has it).  I am unsure how to proceed as we have requested several time that he completed the contract as agreed but it appears he is not going to.  Do we get the work done and take him to court to recover the funds or do we have to take him to court to get hi to complete or pay for the work?  He left us in a right mess, it was extremely upsetting for all of us.  He also said that work would take 6-8 weeks but we were on week 10 when he abandoned it.  I have that in writing.  Can you claim for damages - for distress/time taken to remedy his works/time to arrange new trades and to have to live in a building site while this is arranged?  Also I am unsure whether to go straight to small claims or whether to see a solicitor - I am trying to avoid further costs where possible.
I have in writing his original quote with payment schedule which we have complied with exactly.  Text messages requesting black windows when he installed brown.  Pictures of french doors we chose which were nothing like the ones he installed so all windows need replacing in addition to works to complete.
Any advice would be gratefully received.

Comments

  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Damages you would have to quantify your actual losses .
    Distress no only in the USA .
    How much are you taking him to the court for ??
  • swingaloo2
    swingaloo2 Posts: 395 Forumite
    100 Posts Name Dropper
    Why did you not stop him installing the windows and doors if they were the wrong ones or were you not present at the time he did it.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You have no liability for money owed to his subcontractors, as you have no contract with them. It's for them to pursue any debts owed with him.
    You don't mention the total budget, or the amount in dispute, but this appears to be a major project, so whay did you not put things in writing, even if he didn't?
    An LBA should never be sent recorded delivery, as he may refuse it. You don't have to prove receipt, you just need proof of posting, which is free. 
    No free lunch, and no free laptop ;)
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