Builder not finished the job and is ignoring my contacts

Tony_9271

The builder who was contracted to do my extension hasn’t finished work agreed to be finished by Christmas 2022. The original contract stated February 2021. I have had to contact him repeatedly to finish jobs and now is ignoring me. I became disabled in October 2021 and my bedroom ext is essential now I am an amputee and need to use a wheelchair. I’m still sleeping on the couch which is not convenient and far from ideal. I have had to use and pay for others to finish jobs so I’m able to use my bedroom. The original contract was £23,800 to start in February 2021 and to date I’ve paid 28,800 due to mainly depression and anxiety and attending physio twice weekly and other appointments out of my town. By the time I added up what I’d paid, I then realised I’d overpaid. I’ve sent a letter asking him to arrange to finish by 1st July 2023 otherwise I will be taking things further. Does anyone have any suggestions/advice regarding taking him to the small claims court please? Any suggestions are greatly appreciated. Thank you 

propertyrental

I know you know this, but 
* what was the agreed payment schedule eg 25% on completion of groundworks; 25% on completion of fabric; final payment on completion of contract. Or whatever?
* Obviously overpayment was a mistake
* but so was paying significant amounts before work completed.

The original contract was £23,800 to start in February 2021 and to date I’ve paid 28,800 

I'm not surprised he's not responding. If he responds he'll either have to refund the overpayment and/or finish the job, but with near £29K in his pocket, what's his incentive?

You need to get written quotes (at least 2) from reputable builders to complete the job. You add that to the overpaid amount, and any other costs you've incurred (and for which you have, of course, got receipts.

Then you write him a 'Letter Before Action' requesting payment for the amount you've calculated within 7 working days or you'll go to court.

If no payment is forthcoming, you apply via https://www.moneyclaim.gov.uk/web/mcol/welcome

If your claim is less than £10K it will probably be allocated to the small claims track. If over £10K the court fees will be higher and allocation to the fast track.

https://www.gov.uk/government/publications/small-claims-track-fast-track-and-multi-track-ex305-and-ex306

ThisIsWeird

Awful situation, Tony.

Do you have Legal Protection included in your house insurance?

MultiFuelBurner

Was this a fixed quite or fixed labour cost and variable building materials cost? Cost of materials has sky rocketed during the period you have mentioned.

What work is outstanding?

macman

What work remain unfinished? Ltd co or small trader?
The normal process would be an LBA then small claims process, assuming the value of your claim is less than £10k.