Taking Contractor to Small Claims. How much do I ask for?

Okydoky25

I've been badly let down by our contractor who was paid to complete works on my property. Its been 4 weeks since we have seen or heard from them after lots of previous apologies via text for not completing the work. There is a lot of work still out standing. We had not paid the final instalment but we have over paid for what has actually been completed so far having gone through the breakdown of the quotation. 

I have given him his 14 days to complete in writing by post and via email which has been ignored so now going down the small claims court route. Do I work out and claim for the over payment only or do I wait until I have had someone else in to complete the works outstanding and claim for all of it minus the final instalment we still have as its now going to cost us more to get someone else in. 

Any other useful advise would be gratefully received. 

WaywardDriver

Couple of questions: (1) was time to complete in the contract? (2) is contractor member of trade organisation such as Federation of Master Builders? - if so may be worth following their complaints process.
Latter was route I had to take before going to small claims. 

Jeepers_Creepers

Do you have Legal Protection on your house insurance? If so, call them up and they'll guide you - and carry through whatever needs doing too.

If you don't, then tsk. But the outline of your claim will be to have the original contracted work completed (by a third party), and the miscreant contractor will be liable for these costs - which is the amount you'll be suing them for (minus the amount you've yet to pay them).

But, if you don't have LP, then you need proper guidance on how to move on this, and (from reading this forum) I understand the first move is a 'letter before action', which should have the desired effect.

But you need to do it properly.

Suggest CAB, if the folk on here who know don't answer.

Okydoky25

I do have legal cover yes although I had changed over insurance cover whilst the works were taking place. Don't know if that effects the help I could receive. Annoying as I had been with my last insurer for years previously to this renewal.

1. Yes it states on the contract work to be completed by 16.05.2021. I sent my 14 day cancellation notice to them on 31.05.2021 after it became apparent I was being ignored. 

2. I'm not aware if they are a contractor member. Is there a way to find this out?

3. I have just been re reading the contract. Its basically a standard contract their account services have given them and advised them to use however I have noticed that although they added their company name and address to this they have not removed this Account Services details so it reads as if the agreement is between myself, the contractor and the Service company. Any way to use this to my advantage. Is it with calling them to tell them what their client (My contractor) has done, my plans in the hope they will get them to settle this amicably. 

Okydoky25

Ok so I did a quick look and their website says they are a member of the British Institute of KBB Installation. I've checked on the KBB website and it doesn't look as if they are registered with them. 

WaywardDriver

Okydoky25 said:

Ok so I did a quick look and their website says they are a member of the British Institute of KBB Installation. I've checked on the KBB website and it doesn't look as if they are registered with them. 

Key point in my successful claim was FMB membership which was important factor. But contractor didn't abide with their guidelines. 
Claimed amount to get work done by other builders.

Jeepers_Creepers

Oky, I understand it shouldn't matter that you changed insurers half way through the job - as long as the issue didn't arise until after the new policy began (unless they have a 'no claims within x days' clause, but I can't see that they could.)

Even if there is a reason they won't cover you (eg. the issue had started before you swapped insurers), they are usually good at at least giving you legal advice. Rather than getting yourself bogged down in different ways to tackle this, I'd really suggest you call them up.

(Are you still effectively covered by the previous policy, even, if the issue began during it?! I don't know.)

This should be straight-forward, but you do need to do it properly. And the safest way to do 'proper', is professionally. And the best way to do 'professionally' is through the LP policy YOU ARE PAYING FOR!

Why procrastinate?

Okydoky25

I will contact my insurer today. Date of my policy started a week before my contractor was supposed to finish the job. All was still going well if not extremely slowly at that stage. 

Re them advertising they are members of the British Institute of KBB Installation. I called this company who confirmed their membership has recently expired. If they were members at the time they started the work does this actually help me at all? Do I contact the KBB again and ask for advise or will they not be interested if they are no longer members? They didn't seem to care that the contractor was still advertising that they had membership!? 

WaywardDriver

Okydoky25 said:

Re them advertising they are members of the British Institute of KBB Installation. I called this company who confirmed their membership has recently expired. If they were members at the time they started the work does this actually help me at all? Do I contact the KBB again and ask for advise or will they not be interested if they are no longer members? They didn't seem to care that the contractor was still advertising that they had membership!? 

I was thinking along the lines of having the reassurance they were members of KBB at time of signing contract. But they failed to adhere to their code of practice (assuming KBB have one). This may strengthen your claim.

Okydoky25

Hi Again..

I am at the point of sending in the evidence to the court as Mediation was useless. Can anyone help with what I need to write in my statement as I feel all the evidence speaks for itself. Do I need to go into depth or is just a few lines stating that what I have supplied as evidence.

I don't want to write what I think happened.