Not paying builder for botched job

akira181
akira181 Posts: 486
First Anniversary Name Dropper First Post Combo Breaker
Forumite
I asked my factor to recommend me a contractor for some works and went with the one they suggested. However, the works were not completed as quoted and agreed, they took it upon themselves to amend works carried out on the final invoice, and the job wasn't done properly/to code. I made a complaint and said I wasn't happy with it and the receptionist said they'd get the supervisor out to take a look.
They came out two weeks ago and I could hear them in the loft shouting at each other. Something along the lines of "that's a mess" "why?" "tape isn't legal", "how no?", "you should have been a plumber", etc. They left, didn't fix anything, clear any of the rubbish leftover, and even made what looks like a poor attempt to hide the rubbish under insulation
I emailed the company back last week asking for an update and they haven't responded. What they've done is not fit for purpose so I'll either need to fix this myself or get someone else in. Rather sooner than later before it starts to cause damage.
I've given them a chance to fix their mess and it looks like they're just ghosting me now.  If I get it sorted myself, what do I need to do to cover myself legally if the first mob decide to start chasing the bill again after I've corrected their mess?

Comments

  • akira181 said:
    I asked my factor to recommend me a contractor for some works and went with the one they suggested. However, the works were not completed as quoted and agreed, they took it upon themselves to amend works carried out on the final invoice, and the job wasn't done properly/to code. I made a complaint and said I wasn't happy with it and the receptionist said they'd get the supervisor out to take a look.
    They came out two weeks ago and I could hear them in the loft shouting at each other. Something along the lines of "that's a mess" "why?" "tape isn't legal", "how no?", "you should have been a plumber", etc. They left, didn't fix anything, clear any of the rubbish leftover, and even made what looks like a poor attempt to hide the rubbish under insulation
    I emailed the company back last week asking for an update and they haven't responded. What they've done is not fit for purpose so I'll either need to fix this myself or get someone else in. Rather sooner than later before it starts to cause damage.
    I've given them a chance to fix their mess and it looks like they're just ghosting me now.  If I get it sorted myself, what do I need to do to cover myself legally if the first mob decide to start chasing the bill again after I've corrected their mess?


    You mention a factor so I assume you are in Scotland?

    I don't suppose you have any legal cover with your home insurance do you?  I found it invaluable when a plumber I hired inadvertently cut off my neighbour's water supply.

    Before you go hiring another firm make sure you take photos of the poor workmanship and have created a log of what has happened with dates and times.   As the people hired have not done a good job you have the option is leaning on the Consumer Rights Act 2015 because that Act says that reasonable care and skill must be used whilst working and your opinion they did neither.  You can use the Act to try and get a refund. 

     
  • Although a mere Sassenach, surely a factor is normally responsible for a wide range of tasks. Though they normally deal with repairs etc to communal areas, they should  also deal with any internal repairs on behalf of the ultimate owner of the property. So I'm surprised that the factor has not been more helpful in your case. Have you asked him what he thinks of the works that have been done and whether he can do anything about the matter.

    Other than that, I agree with previous poster that you should fall back on the various provisions of Consumer Rights Act 2015 which is applicable in Scotland.
  • twopenny
    twopenny Posts: 5,313
    Name Dropper First Post First Anniversary Photogenic
    Forumite
    First gather your evidence.
    Written agreement of what was to be done. List what hasn't been done or isnt fit for purpose. Photographs to confirm.
    Send by post to the builder and ask for a comment/update of what will be done to rectify the matter. Say you would like a reply by post or email so it is in writing and there can be no follow on debate.

    You then have some idea if what they suggest is acceptable or what stance they are taking and you can move on from there.
    You need your facts clear for them or for anyone you hope to employ to rectify.

    viral kindness .....kindness is contageous pass it on

    The only normal people you know are the ones you don’t know very well


  • akira181
    akira181 Posts: 486
    First Anniversary Name Dropper First Post Combo Breaker
    Forumite
    edited 3 November 2023 at 10:20AM
    (Removed by Forum Team)
    What's with the attitude? I'm not drip feeding, I just never said because I don't think the type of works is relevant. I know the quality of the work is poor, that's not what's being asked or discussed. As said, I want the job done properly before it starts causing damage, either by them or someone else, and I only want to pay once. I fail to see how the type of works makes any difference.
    If you need to know, I got a kitchen extract duct that goes through my loft, out the top of the roof, replaced. The job was to replace the old kitchen extract duct with a suitably sized uPVC pipe, clear the rubbish, etc.
    What they did was install half a uPVC pipe they cut too short (offcut was lying in the loft), 2m+ of flexible piping (90% compressed), duct taped to a larger diameter flex, and supported the flex with more duct tape to a piece of 2x4 screwed (and split) into a joist at an angle, which sags.
    They didn't fit a condensate drain despite it being a kitchen extract, the job was to replace a metal duct with uPVC but they changed it on the invoice to uPVC and flexible pipe, the flex is against regulations as it's too long, still compressed, secured with only duct tape, not appropriately supported, and they left all the rubbish behind.
    Haven't pulled them up, have you read the OP? I said the works was in the loft and they came back to check on the work after I complained. They didn't do that for fun now did they. Even if I didn't have a job to go to, I'm not going to hover over the shoulder of a contractor while they work, especially in the loft, like some sorta paranoid lunatic. I don't have any photos on my work laptop but again, I don't see how it's relevant. The quality is not what's in question. It's how to legally proceed with them ghosting my emails.
    twopenny said:
    First gather your evidence.
    Written agreement of what was to be done. List what hasn't been done or isnt fit for purpose. Photographs to confirm.
    Send by post to the builder and ask for a comment/update of what will be done to rectify the matter. Say you would like a reply by post or email so it is in writing and there can be no follow on debate.

    You then have some idea if what they suggest is acceptable or what stance they are taking and you can move on from there.
    You need your facts clear for them or for anyone you hope to employ to rectify.
    I've already done that all via email, that's why the supervisor came out to take a look. I told them the issues, sent photos, and told them I wanted the duct replaced with a full uPVC pipe that hasn't been cut too short as originally agreed, flex kept to a minimum as per regs, a kitchen extract must have a condensate drain so they need to have a provision for one, and the rubbish removed.

    They came out and checked 2 weeks ago and have been silent since then. They have also ignored my emails asking for an update. I'd like to know what's the next step. Tell them they got 2 weeks to arrange the remedial actions with me or I will get someone else to fix it and bin their invoice for a job not completed?
    Although a mere Sassenach, surely a factor is normally responsible for a wide range of tasks. Though they normally deal with repairs etc to communal areas, they should  also deal with any internal repairs on behalf of the ultimate owner of the property. So I'm surprised that the factor has not been more helpful in your case. Have you asked him what he thinks of the works that have been done and whether he can do anything about the matter.

    Other than that, I agree with previous poster that you should fall back on the various provisions of Consumer Rights Act 2015 which is applicable in Scotland.
    I don't know what your experience with factors is but they are largely useless middlemen just collecting cash while doing the absolute minimum. You won't find a factor in Scotland that doesn't have 100s, if not 1000s, of complaints against them, their behaviour can be pretty shocking. For private works like mine, all they would do is arrange the works, add 30% to the bill, and when you have issues, put you directly in touch with the contractor, and wash their hands. I know this because it's happened before.

  • akira181
    akira181 Posts: 486
    First Anniversary Name Dropper First Post Combo Breaker
    Forumite
    edited 3 November 2023 at 10:21AM
    (Removed by Forum Team)

     I'm asking about how to proceed with getting a botched job fixed and people just want to know what the job was and why I didn't stand over them watching their every move. 
    Just cause factors are expensive and cause issues, doesn't mean the companies they use are also bad. This company are well repped for fixing tenement roofs and they do a lot in the area, rarely hear complaints about them. Just looks like doing an extract duct, which they said they could do, is not something they know how to do properly. Asking for a factor recommendation for a builder and getting a factor to add 30% to a quote for doing nothing are two completely different things. You'd think people on a money saving forum would be wise to that.
    I got legal cover on my home insurance, I'll contact them for advice since people here are being unusually obtuse.

  • Jonboy_1984
    Jonboy_1984 Posts: 1,194
    First Post First Anniversary Name Dropper Combo Breaker
    Forumite
    In England I would suggest keeping a clear account of the costs of correction. In the event they try and legally pursue the underpaymentz then I would immediately countersue for those costs and it would likely be offset in the legal system(or mediated by the lawyers last time it occurred at work). 

    With the Scottish legal system being different I couldn't say....
Meet your Ambassadors

Categories

  • All Categories
  • 341.8K Banking & Borrowing
  • 249.7K Reduce Debt & Boost Income
  • 449.2K Spending & Discounts
  • 233.9K Work, Benefits & Business
  • 606.1K Mortgages, Homes & Bills
  • 172.5K Life & Family
  • 246.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards