Not sure whether builder for garden studio has done a runner. What are my options?

powderyalabasterguzzler

macman said:

Is your contract with his limited company? if so, to whom have you been making the payments to: the limited company, or to his personal account?

Contract is with his limited company. Payments have been made to his company bank account (to my knowledge).

powderyalabasterguzzler

soolin said:

Just send the letter today, it gives you both some breathing space. It means he can either get well, or finish his current job (if that is the excuse) after he confirms his actions with you, and it means you are one step nearer to being able to consider any legal move going forward. 

I would not delay further.

Noted. A couple of questions I have are:

1) Would this effectively be an LBA (letter before action)?

2) I think his registered business address is the same as his residential address. But he's also mentioned in passing to me that he moved recently, and his companies house details show that he's not yet updated his confirmation statement - i.e., I'm concerned that the registered business address is no longer current. Is this something I need to worry about? If he doesn't receive the letter because he's no longer at the business address, should I forward him a copy of the letter via email?

It's probably very clear I've not done this before, so I'd like to get as much information before I move forward.

soolin

powderyalabasterguzzler said:

soolin said:

Just send the letter today, it gives you both some breathing space. It means he can either get well, or finish his current job (if that is the excuse) after he confirms his actions with you, and it means you are one step nearer to being able to consider any legal move going forward. 

I would not delay further.

Noted. A couple of questions I have are:

1) Would this effectively be an LBA (letter before action)?

2) I think his registered business address is the same as his residential address. But he's also mentioned in passing to me that he moved recently, and his companies house details show that he's not yet updated his confirmation statement - i.e., I'm concerned that the registered business address is no longer current. Is this something I need to worry about? If he doesn't receive the letter because he's no longer at the business address, should I forward him a copy of the letter via email?

It's probably very clear I've not done this before, so I'd like to get as much information before I move forward.

1) I wasn’t thinking of an LBA at the moment, so don’t mention anything about legal or other actions. Just a polite letter referring to his illness and unfinished work and asking for time frames going forward. Be polite but firm, ask him outright for a date on which he will return to the job or confirmation that he believes this is unlikely in the short term. Address the letter to whoever the contract refers to, the exact wording. 

2) the address situation is also worrying, it could mean he is about to drop off the radar. It might be worth seeing if you can find any addresses for him via online means, but meanwhile use the one you have and send a copy of the letter to him by email for ‘Information’ but delay the email copy until the snail mail letter has had a chance of arriving. Send letter signed for and keep an eye on the tracking. If you send it 1st class today there’s a chance it will arrive as early as Saturday which means you could follow up with the email on Saturday evening. 

Incidentally, how did you pay? 

powderyalabasterguzzler

@soolin all very good advice, thank you.

I paid by bank transfer. We both bank with the same bank.

soolin

powderyalabasterguzzler said:

@soolin all very good advice, thank you.

I paid by bank transfer. We both bank with the same bank.

Ok so there's nothing that can be done there then.

Whilst you wait for a response to your letter I would try and quantify what money you think is 'owed' to you, work out proof of how you reached that figure in case you need it going forward, also keep on checking online to see if you can track any other addresses down. 

born_again

powderyalabasterguzzler said:

@soolin all very good advice, thank you.

I paid by bank transfer. We both bank with the same bank.

But it should be clear if you paid his personal or Business acc. By the name of the payee.

powderyalabasterguzzler

born_again said:

powderyalabasterguzzler said:

@soolin all very good advice, thank you.

I paid by bank transfer. We both bank with the same bank.

But it should be clear if you paid his personal or Business acc. By the name of the payee.

I paid his business account. It was the same name as the name of his business on the contract I signed.

powderyalabasterguzzler

soolin said:

powderyalabasterguzzler said:

@soolin all very good advice, thank you.

I paid by bank transfer. We both bank with the same bank.

Ok so there's nothing that can be done there then.

Whilst you wait for a response to your letter I would try and quantify what money you think is 'owed' to you, work out proof of how you reached that figure in case you need it going forward, also keep on checking online to see if you can track any other addresses down. 

He gave me a quote breaking down the costs of materials before he drew up a contract for the work. Based on what he's completed/delivered to the site so far, I should be able to work out roughly where my money has gone. Of course I don't know his day rate or what he pays his staff, but it's mostly just been him by himself on site for a total of maybe 4 or 5 days since late March. He's delivered the insulation which is sitting in my garden, but the big expense items like the uPVC doors (which he told me he ordered right after I signed the contract, as the lead time was approximately 3 weeks), cladding and decking still haven't been delivered.

I will look at his original quote and do a rough calculation of how much he owes me (or what he owes me in terms of materials) based on what I've paid him so far.

powderyalabasterguzzler

Thought I would post an update on the situation:

I sent a letter on Friday. I see that as of today (19 April) the letter has been refused and returned to sender. So, either the builder no longer resides at that address or they do and refused my letter.

I hadn't yet sent him an email copy of my letter as I was first waiting on the physical copy being delivered.

Oddly enough, the builder phoned me today (first contact in over a week) to ask whether he could come speak to me in person today (this is not unusual for him). I said he's welcome to come by, although I'm not sure exactly what he wants to discuss as I don't intend to continue working with him, given his conduct and tendency to disappear without contact for weeks at a time.

My question at this stage is, am I allowed to simply cancel the contract I have with him, citing non-performance and his failure to re-commence work on both dates that he proposed (11 April and 18 April)?

soolin

powderyalabasterguzzler said:

Thought I would post an update on the situation:

I sent a letter on Friday. I see that as of today (19 April) the letter has been refused and returned to sender. So, either the builder no longer resides at that address or they do and refused my letter.

I hadn't yet sent him an email copy of my letter as I was first waiting on the physical copy being delivered.

Oddly enough, the builder phoned me today (first contact in over a week) to ask whether he could come speak to me in person today (this is not unusual for him). I said he's welcome to come by, although I'm not sure exactly what he wants to discuss as I don't intend to continue working with him, given his conduct and tendency to disappear without contact for weeks at a time.

My question at this stage is, am I allowed to simply cancel the contract I have with him, citing non-performance and his failure to re-commence work on both dates that he proposed (11 April and 18 April)?

It might not be simple to just cancel the contract unless your contract had guaranteed time frames built into the build, not just estimates of when each part is to be completed. Also, even if you do cancel you still have the issue of recovering any money you are owed.

See if he turns up today, speak to him frankly about the situation and plan your next move depending on what he says.