Ripped of by builder

CANIGOHOMEYET

Hello, i'm a newie but been a browser on and off for years.

have managed to be debt free for some years, but now gonna have to borrow (£11000) to resolve a building issue created by a rip off builder. any advise would be gratefully received. I need advice /ideas on getting the money back from him and how to hopefully prevent him from doing this to anybody else.

I have been having an extension done to my house, when we hit a snag with the land , which caused complications for the foundations. builder no1 didn't want to deal with it so desserted job.
I was then recommended to builder no2 who could resolve foundation issues, agreed price and laid foundations. Having the plans for the extension, he then proceeded to start to build the extension, without my consent, without my knowledge (I cant live there as no water, electric etc) and without agreeing a further price. When I managed to stop build, contacted Building Control and he had not had each stage inspected (he had built to 1st floor level). They also provided 21 point list of errors including wrong materials used. Later realised had built too big too.

Basically, no faith for him to put right so fired him out. removing and disposing what was built and putting foundation size right has cost me £11000 by builder no3.

I need help to recoup costs

Can take to court but worried that after incurring solicitor costs, even if win case (strong case i think), may not get money off him. Also heard since he s been bankrupt several times but cannot find trace of that on official records. would he just go bankrupt again?

Also going to trading standards but they will take long time. I want to stop this guy doing it to more people, and since heard he has a history of it. this has set me back big time financially. Am single woman who saved for years to do this. I will have to move back in with no heating, bathroom or kitchen. hope to have working shower and washing machine but will have to see. There have been many many sleepless night and as many stressful days.

Any suggestions would be gratefully received.

By the way, this extension started a year ago, and i would have gone bonkers if not for fantastic friend putting me up (for free!!!).

baldelectrician

I am a tradesperson, and have had experience with builders.

I have worked with one builder who shall remain nameless who has a history of messing things up

One job was delayed for months, then I found out he had slept with the client and they were now going through a divorce beacuse of it.

I have learned to take the higher ground. I was not bumped for £11000, but only £900 (on a £1700 job)

Have you tried typing his company into google for a search?
(that was probably a stupid question)

I stay in Ayrshire and only work locally, so don't hear of things further afield.

Nile

Hello CANIGOHOMEYET

Welcome to the MSE site.:wave:

I'll move your thread to 'The (Consumer) Vent' board.

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

Regards

Nile

Iamthesmartestmanalive

Your claim really depends on what you agreed with him and proof of this

Having employed a builder previously to build it and then hired another one and given him the plans it seems likely unless you can prove otherwise that people would believe him if he said you hired him for it all

As for the wrong sizes, did he screw up or did someone else? if he built to the plans then it would come down on your proving as above that he wasnt contracted too

Finally you have an obligation to limit damages, ripping it all out and scrapping it all must be the cheapest option and if it wasnt your damages will be limited should you win

As for the list of errors,and materials again it depends on what these are, the council may have gave advisorys as opposed to prohibiting something and likewise if the error comes from the plans then he cant be blamed

Ultimately I doubt you will get anywere as you hired a builder to build it, changed builders, gave over the same plans etc, who is going to believe you didnt want him to build it? I certainly wouldnt tbh

Unless you have watertight paperwork proving he was wrong to build it and/or the errors were wholly his incompetence I suspect you will get nowere

CANIGOHOMEYET

Thank you for your reply and I understand your points.

I had given the builder the plans as he was meant to be giving a further price for the extension. This never actually appeared. I have documented all communications (something i'm used to having to do through work), including text messages asking to stop build untill received price received and agreed it.

Unfortunately it did all have to be ripped out as it did not comply with the planning consent, and in part with planning regulations. I would not have taken down if didn't need to as realise I may not get the costs back.

A valid point I think regarding giving him the plans and expecting it to be built. I did finally get a quotation dated approx 4 weeks after he started, so hope that indicates he started without price being agreed.

Does this remotely convince you, cause as you say, if not then prob wont convince a judge?

CANIGOHOMEYET

thank you also baldelectrician

why do people do it? is greed or incompetence? (obviously for your bloke it was lust!!!)

hollydays

I am confused how he could have started it without your permission,yet you claim you have incurred costs?

CANIGOHOMEYET

The builder had incorrectly laid the foundation s(which i paid for as part of the land issue stuff) and started building the extention incorrectly. It all had to be dug up, disposed of and replaced. I do feel so so silly!

hollydays

Think you need proper legal advice asap.

Blacksheep1979

As you're claiming more than 5k this will be heard via fast track where you can claim some of your legal fees back. But quite rightly you're asking whether you will get this back or not, if it seems unlikely don't do it. Does the builder own any property by any chance?

jobbingmusician

This sounds horribly similar to what happened to me - although your case is rather less expensive. In may case we assume the foundations were laid correctly, but were not tied together as specified by building control, and in any case the building was not built on the foundations.

The answer to your question is that yes, the builder can fold the company and you will be left with no-one to sue. There seems to be nothing to stop him doing this once he has had notification of a court case. There also appears to be nothing to stop him setting up a subsequent company.

However, it might be worth an initial consultation with a solicitor (some do the first hour for a reasonable price!) to see if it would be worth progressing as a claim against his insurers. It is also true that if you cna prove that he was negligent, you would theoretically have a claim against HIM, rather than against his company. But I don't want to give you false hope. I'm sure you don't want to hear any of this, but it does seem that English law is just totally against the consumer. Builders can do what the hell they like, safe in the knowledge that they can just dissolve their company and start again if things get sticky.

It does seem to have a very minor effect to report builders to their trade organisations (most of which are run for the benefit of the builders rather than the customers) but is worth doing.

Your story rings so many bells - do PM me if your builder's initials are MS.....