Taking builder to court

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CarrieM12
CarrieM12 Posts: 3 Newbie
in Consumer rights
Having tried to resolve a problem of defective work and about 20 other issues with my builder we have now reached an impasse and I'm told my options are court or let them back in to attempt to fix the work.

There have already been 14 snagging visits 2 of which have failed and left my house in a mess. I still owe 8.5k on the final invoice and would rather pay someone else to fix the defective works.

If I attempt to take the builder to court to get these costs back, can he seek payment of the final invoice at the same time?

He breached our contract by not following certified engineering drawings (they are referenced in the agreement) so would he still be able to seek full payment?

Help!

Comments

  • eddddy
    eddddy Posts: 16,441 Forumite
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    CarrieM12 wrote: »
    If I attempt to take the builder to court to get these costs back, can he seek payment of the final invoice at the same time?

    The builder can make a counter claim against you for 'breach of contract' in the same way that you can make a claim against him.

    I guess his claim could be that he did what the contract stipulated - but you didn't, because you didn't pay him.


    Just to be clear, you're saying that your losses resulting from the builder's breach of contract are greater than £8.5k

    So you're not paying the final £8.5k demanded - PLUS you want the builder to pay you additional damages.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    If the builder has already had more than one attempt to fix the issues then (I believe) you don't have to allow him further attempts.

    Get quotes to have the works completed to an acceptable standard (3 quotes is usually recommended) and see what they come to - typically the cheapest reasonable quote would be used as a cost comparison. (That doesn't mean you have to use them). If the amount is less than what you owe then you could seek to use that to resolve the issues and pay the balance to the builder - if it's more then you could seek the additional costs from the builder.

    Note: this is my opinion - this does not constitute legal advice.
  • CarrieM12
    CarrieM12 Posts: 3 Newbie
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    Hi no, I am happy to pay the outstanding balance minus to costs for the remedial work which will be 1-2k inc VAT.
  • eddddy
    eddddy Posts: 16,441 Forumite
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    CarrieM12 wrote: »
    Hi no, I am happy to pay the outstanding balance minus to costs for the remedial work which will be 1-2k inc VAT.

    Then you don't need to make a court claim.

    You just pay the builder the amount you believe you owe. (i.e. £6.5k to £7.5k)

    If the builder believes that you owe an additional £1k to £2k, he would have to make a court claim against you.
  • CarrieM12
    CarrieM12 Posts: 3 Newbie
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    Oh ok thank you, that's a lot more straightforward than I thought. Thanks
  • DoaM
    DoaM Posts: 11,863 Forumite
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    As per my earlier post ... don't just invent a figure - get quotes to support the amount you're withholding.
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