Dispute with builder

Hi All, 

We had an extension and new roof through a building company who subcontracted in a window company and roofer.  We paid the building company for all work.

Towards the end of the build the builders had clearly lost motivation and had another job on, appeared unannounced now and again.  Their work was becoming shoddy so asked them to stop their work paying for all they have done. At the time they agreed this would be more beneficial for them and advised we would get our guarantees/ documents for the work done.  This was said verbally and via email.
3 months later and autumn, we started to have issues with the roof leaking into the loft room, leaking through one window frame and some issues with windows.
They agreed to return to inspect and blamed the roof leaking on our chimney.  We had other companies round to quote for the cost of the chimney and ALL of these companies stated there had been poor workmanship on the join between ours and our neighbours roof and that the flashing should have been replaced with a new roof and that was the cause of the leak.  They also stated the window leaking should have had lead flashing

We went back to the builders and they agreed in writing that they would sort the lead flashing under the window but that we need to fix the chimney first before they touch the roof, (we disagreed with this), still no sign of guarantees/ documentation.

We are now being ignored by letter, phone, email, lied to when I bumped into one at the shop.  I have spoken with the window company and roofer who say I need to go back to the builder as they worked for them not us and that the builders hold all the documentation.

The builders have withheld any warranties, guarantees, documents for the work and products purchased.

We are following advise from citizens advise on writing to them with the issues, getting quotes for the work and asking for a price reduction.  I know this will be ignored. 

Does anyone know where we stand on the documentation/ guarantees being withheld?  How do you value that to add to the price reduction?  

If we look to go through the small claims court does it seem we may have a chance?  It would be good to see a realistic perspective that doesn't have emotions and anger attached to it.



Comments

  • Nasqueron
    Nasqueron Posts: 10,412 Forumite
    Tenth Anniversary 10,000 Posts Photogenic Name Dropper
    I can't help with this issue but I think the below forum would be better unless you're asking about doing an S75 claim if you paid (even in part) by CC and it is within the rules

    https://forums.moneysavingexpert.com/categories/consumer-rights

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • Mistral001
    Mistral001 Posts: 5,397 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    edited 4 June 2024 at 2:43PM
    Could they have ignored your request to stop the work and carried on working on your property?  I think they had no option but to do as you requested. 
  • tacpot12
    tacpot12 Posts: 9,148 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    If you have home insurace, check to see if you have legal expenses cover. If you do, call the legal helpline provided by your insurer and discuss the issue with them. They should represent you in court if they think you have a good case of winning. 
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • Nebulous2
    Nebulous2 Posts: 5,580 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I can't help thinking this is very messy.

    If you asked them to leave before work was finished - who did complete it? What responsibility does that person / firm have? 

    A section 75 claim will not apply if the cost was over £30k and it seems very likely this was.

    I hope it goes well, but you haven't made it easy by pulling out before it was finished. 


  • born_again
    born_again Posts: 19,361 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    How much was  the work?
    Over £30K to builder & no S75.
    Life in the slow lane
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