Builder issues.... Legal proceedings, looking for advice.

Rob_Mogs

Hi all, 
For the time being I'll keep the story short. 

A year ago around this time we accepted a quote from a builder for an extension, the builders job was to provide the basic structure to plaster finish which included all groundwork and drainage, knocking through into existing building etc. 
The extension was to enlarge the kitchen, provide new utility room and downstairs bathroom, so basic structure plus two new internal walls and remove two existing internal walls. 

All in all with extras the agreed quote was £22000. (We supplied plumber and electrician and all slates, and all doors and windows) 

We have paid him £17000 to date as per agreed payment schedules. 

However, every single aspect of what he done has been wrong and has failed building control and at times left the structure unsafe. 


When building control last visited the builder left site claiming he had "had enough of this job" 

So now:
There is also 75% of the groundworks and drainage left to finish, along with all fascias and guttering, external rendering and most of the internal plastering. 

At this stage we had already been left without a kitchen for 12 weeks and have two very small children. 

We have had to pay out to have the new floor corrected as it was out of level, far too high and completely uneven. 

We have had to pay out to have external doors and windows removed as they are incorrectly installed. 

Bathroom wall is too narrow for the shower tray. 

Footings are out by 300mm.

All new ceilings had to come down and be replaced due to incorrect insulation, again all at our costs. 

We have sent a letter to the builder asking for a reduction of costs and reimbursement of £10000 (average quotes to rectify defects and finish the job are an additional £12000!!)

He has received the letter and instructed a solicitor who has told us he denies all allegations and is seeking the remaining payment due! And that we must now wait for them to gather information and reply to us "in due course".

To this date we have not provided them with surveyors reports or other builders quotes to rectify. 


The works were supposed to have finished in September but we only managed to make it habitable on the 21st December. 

We have no bathroom or utility room and save for the toilet all the waste water is running straight into the garden. 


We cannot afford a solicitor to push this on for us as we have had to go hugely into debt to get the kitchen side of the  house habitable.
So any advice as to where we go now? 

As a side note trading standards are also investigating him. 

Thanks

Rob_Mogs

And yes, that really is the short version.

Doozergirl

He can't afford a solicitor either.  They'll wipe out any gains either party make with their fees.  

Take him to small claims for the maximum possible.  

Rob_Mogs

That's what we planned to do, we were hoping he would ignore the letter, which was a template from trading standards where we added in the details and gave him 14days to reply.
He has now done that so surely we have to go that route? 

Can we still apply to small claims even though he has replied with a solicitor letter? 

Rob_Mogs

Also surely if it went to court and we won he would have to cover our fees?

Doozergirl

I don't understand question 1, it's a bit vague. 

Q2 - You can do what you like.  The outstanding £5,000 should be removed from your £12,000 as he then has no counterclaim... 

Have you got evidence of him being asked to rectify things?  The 14 days in building is usually asking them to rectify rather than 'reply'.  A reply means nothing.  

Q3 - No fees can be reclaimed in small claims, you're both on your own.  The result is based on the strength of your case.  You've managed to keep this short, so you will be capable of submitting a decent summary to the court.  

Keep it unemotional, use bullet points.  Maybe relate photos directly to those bullet points to illustrate.  

I'd try and get an email from your Building Control Officer on the overall quality - ie. It doesn't need to be an opinion piece, just a list of items that have needed rectifying from their perspective.  

Rob_Mogs

Thanks for the response, 
Why should the remaining £5000 be removed from the £12000? 
He voluntarily left the job leaving more work to be done than what was owed? 
So on that basis he surely also has no counter claim? 

They have had multiple chances to rectify defects and we have proof of this, however every attempt to rectify them made either no difference or was made worse. 
We have photos of everything, we have mails from building inspector and also surveyors reports.

The letter to them was giving them 14 days to respond as to how they are to meet our request for £10000, we have gone for this figure as it's the most you can claim via small claims.

I understand that no costs can be recovered by small claims, but what I mean with Q1. Is that now he has responded via solicitors do we also have to go the same route via solicitors or can we ignore that and just submit to small claims?

davemorton

Rob_Mogs said:

Thanks for the response, 
Why should the remaining £5000 be removed from the £12000? 

Original price £22000
Money paid £17000
average quotes to rectify defects and finish the job are an additional £12000
So £17k + £12k = £29k to get you to where you should have been with completed build.
£29k is £7k over what you should have paid, so claim should be for £7k. 

Doozergirl

davemorton said:

Rob_Mogs said:

Thanks for the response, 
Why should the remaining £5000 be removed from the £12000? 

Original price £22000
Money paid £17000
average quotes to rectify defects and finish the job are an additional £12000
So £17k + £12k = £29k to get you to where you should have been with completed build.
£29k is £7k over what you should have paid, so claim should be for £7k. 

Yes.  That was exactly my thinking.  

twopenny

The main items you listed above as incorrect you need to show proof both from BC and other professionals called in to deal with it.

Because you are understandably strung out and furious you need to collect these papers/proofs with dates on when he was called to rectify, (did you put it in writing for him?) what he did towards that.

If not do you have the dates and times that he visited to correct?

"When building control last visited the builder left site claiming he had "had enough of this job" "

Was there witnesses? Did you get a final report from building control?

Then your bills for correcting and put the details on a summary sheet.

The whole shebang of written proof needs to be put in date order so that it should read like a story without dialogue and prove your point.

Rob_Mogs

davemorton said:

Rob_Mogs said:

Thanks for the response, 
Why should the remaining £5000 be removed from the £12000? 

Original price £22000
Money paid £17000
average quotes to rectify defects and finish the job are an additional £12000
So £17k + £12k = £29k to get you to where you should have been with completed build.
£29k is £7k over what you should have paid, so claim should be for £7k. 

That makes sense, but.... 

Are we not entitled to claim for damages, disruption and breach of contract? 
Building control and other professionals seem to think we can as does trading standards website? 

In terms of damages we have a holiday let business on site, the builders left mountains of rubbish in full view of our guest accommodation, their vans and materials scattered everywhere etc.
They also damaged an upstairs room in the process of knocking through etc which we had to rectify ourselves. 
I did say I'd keep it short for the purposes of this post haha! 
You genuinely couldn't make up all the damage they caused whilst here. 

Oh and also as my partner just pointed out whilst reading this the floor remediation wasn't covered in the quotes as we had no option but to get this remedied by a flooring specialist so we could get our finished floor laid. 

There is also a clause in all quotes that the cost may rise dependant on what is found once an intrusive investigation is done as soon the quotes are only based on what is obvious. 

This is also mentioned by the surveyor, so we need "something in the pot" 
We just don't have the ability to pay for remediation and then claim an accurate figure.