Builder arranged for scaffolding to be erected, then went no contact

LostIt_ToBostik

Hi Everyone
I don't use forums/social media etc so please bear with me - I'll try and make this as concise as possible.


September 2023 had a (relatively) local builder agree to do the work to repair outer wall and stone work at rear of our house due to water coming through when it rains.
He had good reviews on Bark and Check A Trade.

The back of the house is very high so in order for the whole wall and old decorative stonework to even be inspected before repair the property required a pretty substantial amount of scaffolding.

Scaffolding was arranged by builder (with our consent because obviously the repairs are fairly urgent)!

Was given a price of £2400 by the builder for the scaffolding. And he confirmed to me verbally and in text that this scaffolding would remain for as long as required for the fixed fee of £2.4k. Our property is awkward to access and we also have to cross shared communal area so I also wanted to make sure minimal disruption for our lovely neighbours.

Scaffolders arrived without warning the first week in October 2023 but they were lovely lads and all in it took 3 days to get the scaffolding up.
I asked them about payment and they were happy for me to pay the builder as they often worked together.

Builder came out a few days later, to have a good look at walls, roof and what needed to be done. He intended to then send a quote for the work and a time frame.

I sent the £2.4k to him by bank transfer (marked "builder name" - scaffolding).

Builder then VANISHED. Could not contact him at all.

After 4 weeks, in desperation, I contacted the scaffolders- builder had gone no contact on them too.

I have a series of back and forth texts between myself and scaffolder, including them saying they had even gone to his house and no answer.
Builder owed them for our scaffolding as they hadn't been paid!
I was also informed the agreement was 8 weeks for the scaffold and not for as long as it needs as builder had told me!

Another 4 weeks pass (we are now in early December) and the scaffold is sat there, the water is pouring into my daughter's room and no contact from builder. I've logs of texts and emails - all ignored by him.

Speak to scaffolders again who are sympathetic but also have a business to run. 
I'm told that they also told the builder it was £2200 for the scaffold, not £2400.

In desperation, I get my mum to try and call the builder  and he bloody well picked up right away and then comes up with an obscure story about how he was waiting for me to give him the go ahead to start work?!! What?!! We were waiting on his inspection and opinion on what needed doing...wasn't that why he was up on the scaffold he arranged?!

I tell him we have now had scaffolding up for 9 weeks and not one single bit of work has even started! He tells me not to worry about the scaffold - it is up for as long as it takes to do the job (which he hasn't started and in the interim we have  had buckets inside to catch the water)! I tell him the scaffolders have told me they erected their gear for 8 weeks, that he hasn't paid them. He laughs and says they have been paid, calm down and he would be out in two days to make a start.

Obviously he never turned up, hasn't answered my calls and emails and it is apparent he has no interest in doing the work.

We have had to scramble around to find different builders and thankfully work will be starting in 4 weeks (very local firm well known to our family who are literally stepping in to help us out).

In amongst this, the scaffold firm, while incredibly understanding, are requesting payment of scaffolding rent now which will come to another £1400 (assuming the scaffold stays in place until the end of March).

Do I have a case against the original builder here to cover the £1400 owed on the scaffold? 
He has caused this, the work should be all done by now and the scaffolding down.

There was no formal contract with the builder because in order for him to price the job, the scaffolding was required to fully inspect the walls, roof and intricate decorative stonework.

I have text, emails, witnesses and a !!!!!! load of scaffold up to show the builder intended to do the work.
Bank transfer shows I paid him £2400 for the scaffold.

I have legal cover with my home insurance, should I contact them?
Would MCOL be an option to try and get him to cover the £1400 I now owe to the scaffolders?

user1977

Do you have a real life name/address for the builder? You'd need that for any legal action.

pinkshoes

You stated that the scaffolder went to the builders house so make sure you get the address of them.

You have a contract with the scaffolder for £1400 so you need to pay that. The scaffolder will need to claim their £2400 from the builder.

You can then take the builder to court for the £1400 and as the scaffold charge was only £2200 then claim back the other £200 too!

Send the builder a letter before action giving him 14 days to pay.

LostIt_ToBostik

user1977 said:

Do you have a real life name/address for the builder? You'd need that for any legal action.

Yes we do, thankfully - though I'm not keen to go knocking on his door as you can imagine! 

He is listed as being a sole trader. His website is still active. Scaffolders still say that he owes them money and they can't get hold of him by phone or by going to his home. 

LostIt_ToBostik

pinkshoes said:

You stated that the scaffolder went to the builders house so make sure you get the address of them.

You have a contract with the scaffolder for £1400 so you need to pay that. The scaffolder will need to claim their £2400 from the builder.

You can then take the builder to court for the £1400 and as the scaffold charge was only £2200 then claim back the other £200 too!

Send the builder a letter before action giving him 14 days to pay.

Thank you so much, I forgot to even considered the extra £200 he took!

I've been in constant communication with the scaffolders and they have been really good about the whole thing and I've no issue with paying them the £1400 but do believe I should be able to claim it back from Mr No Show! 

I'll send the letter recorded delivery on Monday. Should I also speak to the legal advice team I can access through my home insurance or just go straight to MCOL if he doesn't respond to the letter?

Aylesbury_Duck

Harsh at is sounds on the scaffolders, the £2200 is their problem.  You’ll have to pay them £1400 if you want the scaffolding to remain in place and leave them to pursue the builder for their £2200.  I don’t think the £200 margin is any of your business, it’s just the builder’s margin on the deal with the scaffolders.   You’ve got to hope that this approach is acceptable to the scaffolders, otherwise they may just say ‘no thanks’ and take their scaffolding away.

You can then use MCOL to try and recover the £1400 you’ve incurred from the delay.

born_again

LostIt_ToBostik said:

pinkshoes said:

You stated that the scaffolder went to the builders house so make sure you get the address of them.

You have a contract with the scaffolder for £1400 so you need to pay that. The scaffolder will need to claim their £2400 from the builder.

You can then take the builder to court for the £1400 and as the scaffold charge was only £2200 then claim back the other £200 too!

Send the builder a letter before action giving him 14 days to pay.

Thank you so much, I forgot to even considered the extra £200 he took!

I've been in constant communication with the scaffolders and they have been really good about the whole thing and I've no issue with paying them the £1400 but do believe I should be able to claim it back from Mr No Show! 

I'll send the letter recorded delivery on Monday. Should I also speak to the legal advice team I can access through my home insurance or just go straight to MCOL if he doesn't respond to the letter?

I would just use normal post & get proof of posting. That is then taken as being delivered.
Given the way he is acting he may simply refuse any recorded delivery items.

ArbitraryRandom

Aylesbury_Duck said:

  I don’t think the £200 margin is any of your business, it’s just the builder’s margin on the deal with the scaffolders.   

Agreed - The builder arranged the scaffolding and you agreed to pay the builder. Just like if he went to the builder's yard to buy materials then added 10% for his time. 

Peppa537

This sounds like a nightmare, I hope you get it sorted soon.
As for Check a Trade I don't take any notice of that site anymore despite having found a good electrician on there several years back. It always used to be that you could only leave a review for a trader if they sent you a link to do so (I can't remember exactly how it works but it was something like this, correct me if I'm wrong). Therefore the reviews don't necessarily give a true representation. 

HillStreetBlues

ArbitraryRandom said:

Aylesbury_Duck said:

  I don’t think the £200 margin is any of your business, it’s just the builder’s margin on the deal with the scaffolders.   

Agreed - The builder arranged the scaffolding and you agreed to pay the builder. Just like if he went to the builder's yard to buy materials then added 10% for his time. 

I disagree, what the builder paid (or didn't pay) the scaffold company is a red herring as it's irrelevant.
The OP paid the builder £2.4k and that's what he should claim back.

Aylesbury_Duck

HillStreetBlues said:

ArbitraryRandom said:

Aylesbury_Duck said:

  I don’t think the £200 margin is any of your business, it’s just the builder’s margin on the deal with the scaffolders.   

Agreed - The builder arranged the scaffolding and you agreed to pay the builder. Just like if he went to the builder's yard to buy materials then added 10% for his time. 

I disagree, what the builder paid (or didn't pay) the scaffold company is a red herring as it's irrelevant.
The OP paid the builder £2.4k and that's what he should claim back.

I agree with the first part of that, but as for the second sentence,  doesn't that mean OP is then on the hook for the scaffolding hire to date?  OP has had the scaffolding in return for their £2400,  they have no loss yet.  They have a future unforseen cost, because the £2400 was supposed to hire the scaffolding for as long as its needed.

I'm not 100% sure what the solution is here, it's a little complicated.