How to get Builder to complete work, remedial and documentation for Building Control

Skylark123

Two storey home extension. One-man builder took on role of Prime Contractor. He estimated 17 week project, now at week 33 and still not complete. Nightmare. Builder has had a Skiing holiday and a Diving holiday while we have been living in purgatory.
Hadn't heard from him for a couple of weeks so sent an email asking him to complete documentation and added a list of 13 points for rectification. One example, plumber fitted new combi boiler, I have no installation certificate, nor anything to enable me to register it for 10 year warranty. Many other tales of woe.
He phone me, screamed down the phone like a rabid bull, "is this the way you're going to play it" then ended the call before I could say a word. Later, he sent me a text asking to visit. I agreed on the proviso that he apologised for his unacceptable call. On the day of the proposed visit, he sent me a text saying that he had a bad problem to deal with, would come the following day. Predictably, no show. Not heard from him since.

There is probably a couple of days of paid work required to complete plus a few days of remedial work which he wants paying for but I maintain that I've already paid and we wouldn't be discussing if the work had been done to the correctly. I've also incurred costs to bring in other tradesmen to fix issues, for example, lay LVT floor tiles in bathroom over his abortive attempt at laying.  Plumber did not put sink waste pipe in place at First Fix so an area of floor had to be removed to rectify.

What should I do, I'd appreciate the wisdom and advice from the Forum? 

the_lunatic_is_in_my_head

Skylark123 said:

There is probably a couple of days of paid work required to complete plus a few days of remedial work which he wants paying for but I maintain that I've already paid and we wouldn't be discussing if the work had been done to the correctly. 

Putting aside issues OP, do you owe him any money? If you've paid in full you obviously have less of a position than if you still owe thousands from the original price.

Skylark123

the_lunatic_is_in_my_head said:

Skylark123 said:

There is probably a couple of days of paid work required to complete plus a few days of remedial work which he wants paying for but I maintain that I've already paid and we wouldn't be discussing if the work had been done to the correctly. 

Putting aside issues OP, do you owe him any money? If you've paid in full you obviously have less of a position than if you still owe thousands from the original price.

No, I don't owe him any money.

the_lunatic_is_in_my_head

Skylark123 said:

the_lunatic_is_in_my_head said:

Skylark123 said:

There is probably a couple of days of paid work required to complete plus a few days of remedial work which he wants paying for but I maintain that I've already paid and we wouldn't be discussing if the work had been done to the correctly. 

Putting aside issues OP, do you owe him any money? If you've paid in full you obviously have less of a position than if you still owe thousands from the original price.

No, I don't owe him any money.

That's a shame OP.

Services must be carried out with due care and skill as an implied term, where that doesn't occur you have the option to seek a price reduction or seek damages.

In either case burden of proof (on the balance of probability, i.e 50/50) is upon yourself so in this situations it is recommended to obtain an independent opinion to show the work isn't up to scratch (some things might be obvious from photos such as very poor tiling).

You mention a one man band, is he trading as a LTD? If so there is the possibility of the company folding even if you go through the process of court and win. 

If you can working with the guy is the best option (although his reaction of screaming down the phone is a sign he knows he's wrong and less likely to admit his mistakes), other than that get the work looked at, fixed for a reasonable price, send a letter before action, go via small claims. 

Sadly these situations have no easy answer I'm afraid  

Skylark123

the_lunatic_is_in_my_head said:

Skylark123 said:

the_lunatic_is_in_my_head said:

Skylark123 said:

There is probably a couple of days of paid work required to complete plus a few days of remedial work which he wants paying for but I maintain that I've already paid and we wouldn't be discussing if the work had been done to the correctly. 

Putting aside issues OP, do you owe him any money? If you've paid in full you obviously have less of a position than if you still owe thousands from the original price.

No, I don't owe him any money.

That's a shame OP.

Services must be carried out with due care and skill as an implied term, where that doesn't occur you have the option to seek a price reduction or seek damages.

In either case burden of proof (on the balance of probability, i.e 50/50) is upon yourself so in this situations it is recommended to obtain an independent opinion to show the work isn't up to scratch (some things might be obvious from photos such as very poor tiling).

You mention a one man band, is he trading as a LTD? If so there is the possibility of the company folding even if you go through the process of court and win. 

If you can working with the guy is the best option (although his reaction of screaming down the phone is a sign he knows he's wrong and less likely to admit his mistakes), other than that get the work looked at, fixed for a reasonable price, send a letter before action, go via small claims. 

Sadly these situations have no easy answer I'm afraid  

Thanks for taking the time to respond. Almost all of my requested remedial work is clear to see by photographic evidence. He's a Sole Trader. Other trades were generally from within his network. Some I paid directly, others he paid and I reimbursed him. After 33 weeks, we just want our house back. I've started doing the work because I'm not going to throw more good money after bad.  A salutary lesson in life, despite my age (long since retired).