Shoddy workmanship

MalonsMilk

Hi I have had a new roof fitted that not at all to code. We were quoted a large amount of money for a whole list of things that needed doing including suring up the existing beams, new breathable felt, new battons, new roof tiles etc. (our olf roof was in a really bad state)

We have had an independent person come over to look over the work and they have given us a load of things that they have said have been done wrong and incorrectly. We have taken pictures of these as well. We of course have contacted the roofer and he has agreed to rectify the problems but I don't hold out much hope as he has displayed a level of ineptitude which means it will be unlikely to get fixed to high enough standard.

We have already paid 50% of the money but we are not paying any more until the work is done. The independent surveyor basically said it needs all taking down and restarting again. I have paid the money via debit card rather than a transfer. 

My question is what is the next action to take?! I have legal home insurance but having never had this happen leaves me not knowing what to do. As nearly all the work has been for nothing can I get a full refund?! The surveyor didnt even think we could reuse the tiles etc because they have spilled mortar over a lot of the tiles. 

Please help

Robin9

MalonsMilk said:

...................................I have legal home insurance ...................

That's what you pay your premiums for. Give them a ring.

Aylesbury_Duck

^^ I agree.  No point paying for legal cover if you're not going to use it, particularly for something of this value.  They'll be able to advise much more usefully than any of us can do from miles away and online.

the_lunatic_is_in_my_head

Hello OP

Services must be carried out with due care and skill, where they aren't you have the right to a repeat performance and if the service still does meet the requirements and price reduction due (typically what it would cost to put things right, if it cost more than paid I believe you are looking at damages for the extra).  

If you are having more than 20% (IIRC) of your roof recovered then this should require building regulations, is this something you've actioned, something the roofer said they'd sort out or something that hasn't been considered? 

MalonsMilk

Hi thanks for getting back to me. As it’s a whole roof then it’s definitely greater than 20% and building regulations haven’t been mentioned at all. Is this something we should have done or they? We haven’t been asked about it at all. 

Tucosalamanca

The internet will offer all kinds of opinions. In our area, B/C aren't interested if less than 50% of the roof is refurbished.

Planning portal broadly suggests the same.

Building Regulations: Work to an existing roof

If you want to carry out repairs on or re-cover an existing pitched or flat roof you will not normally need to submit a building control application if:Less than 25 per cent of the total ‘building envelope’ (walls, floor, roof, windows, door, roof windows and roof-lights) is affected; andLess than 50 per cent of the roof is affected.However, you will need approval if:You exceed the limits stated above (in which case there may also be further considerations that could require work to the entire roof, such as ensuring the thermal insulation is sufficient).You carry out structural alterations.The performance of any new covering will be significantly different to that of the existing covering in the event of a fire.You use a new covering material which increases the weight of the roof covering by 15 per cent or more.The removal or alteration to any roof elements could affect how the roof works and cause movement to occur. Movement could cause cracks to occur in the walls and, possibly, the eventual collapse of the roof. When performing work on any roof, care should be taken to ensure the roof will continue to perform effectively and without any movement

the_lunatic_is_in_my_head

MalonsMilk said:

Hi thanks for getting back to me. As it’s a whole roof then it’s definitely greater than 20% and building regulations haven’t been mentioned at all. Is this something we should have done or they? We haven’t been asked about it at all. 

It's not an area I know much about to advise on, the DIY board is best to ask about building regulations, best to avoid duplicate threads so if posting on the DIY board stick to the building regulations aspect rather than issues with the trader  

At the stage you are at I guess it's best to see if he'll fix the issues as promised, I wouldn't pay anything else until you are assured the work has been done correctly. 

If it is then great, if not then best to get someone else in to correct the work and if that costs more than the 50% paid seek to claim the extra from the first roofer.

Worth checking if he is an LTD or a sole trader, with an LTD they can fold even if you win a judgement, a search on Companies House by company number or name or director name should show you how long they've been in business, whether the director has had other companies in the past and how many and the accounts might reveal how well they are doing or if they have any assets. 

If a sole trader then liability is his own which questions whether he personally has any assets, house, car, etc. 

Out of interest how much is the 50% paid OP? 

MalonsMilk

Hi since this post I have contacted citizens advice as the guidance suggested to get it sorted diplomatically. I don’t think it’ll get sorted diplomatically though as he is a complete rogue trader. They have advised to ask for a refund and directed me to do a chargeback on the payment. We are due to send the termination letter to him and then the next step is to send a 14 day refund letter. After that point we go onto claiming the money via visa and if that doesn’t work small claims court. I’ll keep updating you as we go. 

MalonsMilk

Oh and just wondering if we should ask for a full refund as the workers has been surveyed and it ALL needs pulling down.  

Aylesbury_Duck

You claim for your losses.

the_lunatic_is_in_my_head

MalonsMilk said:

Oh and just wondering if we should ask for a full refund as the workers has been surveyed and it ALL needs pulling down.  

Hello OP

I think in this instance you get 3 quotes to correct the work, once done you take the cost of correcting, deduct the 50% unpaid portion of the bill and claim the rest as damages. 

Consumer Rights entitle you to a price reduction where services are not carried out with due care and skill, if claiming via that avenue I think you'd have to work out the value (if any) of work + materials you already have, deduct that from the 50% paid to work out a price reduction.