Consumer rights - Nightmare builder - building work needing to be re-done

tld2004

Hi All

New here and after some advice please.

We contracted a local builder to do a resin driveway comprising of excavating/digging out front garden, re-build outer walls, prepare new driveway foundations, lay tarmac base, and then finally the resin finish. Circa £20k's worth of work. Quote received via email, deposit paid via bank transfer etc - all above board. 

We've had nightmares with the builder from the start, with the job overrunning to the point where he disappeared for months on end and only coming back for a few hours here and there...but to summarise, he basically did all the work up until just before the resin stage (as his resin sub-contractor had fallen ill and was unable to lay the resin finish), so he got in his tarmac contractor who laid the tarmac, and then said he couldn't do anymore. Wasn't a massive issue at the time - despite there being all sorts of drama's with the builder not being able to actually build the walls (so we got someone else in to build them), we were 90% of the way there, and just needed to order the resin and find another resin contractor to provide the labour, which was what we did...

The resin contractor we found ourselves came round to inspect and was not happy with the levels of the tarmac that had been laid stating it had not been laid flat (meaning the driveway is 'domed' in the middle) and the tarmac height is too high in places. Understandably, the resin contractor was not happy to lay the resin saying we won't be happy with the result once done, and didn't want to lay the resin. 

We then got a second opinion and they basically said the same - the tarmac's not been rollered properly and the levels are off, so it really needs to be dug up, levels corrected, and new tarmac laid before any resin goes down. We've received a quote in excess of £5k for the new tarmac contractor to do this. 

We contacted the builder to discuss, and he said that theres nothing wrong with the levels or the tarmac etc etc, and then went AWOL. We've had some contact with him since, after accepting that the tarmac's not right, he then agreed to give us a partial refund of £3k for us to have the tarmac redone. We accepted that offer just to get some money back so we could get it done properly and the resin laid. He then went back on his word and refused to refund us the £3k, and told us not to contact him again. We're now stuck with a dodgy driveway and a £5k+ bill to have his shoddy work redone.

I've sent him a demand for a refund, letter before claim etc for breach of contract and breach of the Consumer Rights Act 2015, but nothing back. Next steps Small Claim Court... 

Happy to do this, but one point to note - we paid the tarmac contractor directly - the builder had arranged the work with tarmac contractor (arranged the type of tarmac that needed to be laid, date of it being laid etc), but we had to pay the tarmac contractor ourselves directly via bank transfer instead of paying the amount to the builder, and him then paying the tarmac co. Bit annoying in hindsight. Builder is now saying "you paid the tarmac contractor so ask him for the money back, not me". He's using this as his excuse not to refund us anything. 

What are people's thoughts on the above? Do we have a leg to stand on with the main builder via Small Claims Court? As far as I am a concerned, and according to Citizen's Advice, it doesn't matter that we paid the tarmac company directly ourselves, as our contract is with the builder and hes ultimately responsible for the work that his sub-contractor did. 

Thanks in advance

Alderbank

Your contract is with the builder to excavate out front garden, re-build outer walls, prepare new driveway foundations, lay tarmac base, and then finally the resin finish, using specialist subcontractors as necessary.
As you have been advised, your claim is against the builder, not against his subcontractor.
The substance of your claim is simple and is 'We've had some contact with him, after accepting that the tarmac's not right, he then agreed to give us a partial refund of £3k for us to have it redone.'
I assume you have this agreement to give the partial refund of £3k in writing?

Be aware that taking him to court and winning is one thing, getting the money is another thing entirely.
If his business is in such a mess you might be the latest in a long line of dissatisfied clients trying to recover money from him or his company.

tld2004

Alderbank said:

Your contract is with the builder to excavate out front garden, re-build outer walls, prepare new driveway foundations, lay tarmac base, and then finally the resin finish, using specialist subcontractors as necessary.
As you have been advised, your claim is against the builder, not against his subcontractor.
The substance of your claim is simple and is 'We've had some contact with him, after accepting that the tarmac's not right, he then agreed to give us a partial refund of £3k for us to have it redone.'
I assume you have this agreement to give the partial refund of £3k in writing?

Be aware that taking him to court and winning is one thing, getting the money is another thing entirely.
If his business is in such a mess you might be the latest in a long line of dissatisfied clients trying to recover money from him or his company.

yes, we have this in writing (a text message)

In addition, we also have text massages from him admitting that the tarmac work is of insufficient quality and needs to be addressed. 

tld2004

Alderbank said:

Be aware that taking him to court and winning is one thing, getting the money is another thing entirely.
If his business is in such a mess you might be the latest in a long line of dissatisfied clients trying to recover money from him or his company.

Builder is self employed and had bought a house, proposed to his partner, and spent most of the summer on holidays or weekends away instead of addressing the issues with our driveway