Extra charge and time scale

Discussion in 'Kitchen Fitters' Talk' started by sld2012, Dec 13, 2021.

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  1. jonathanc

    jonathanc Guest

    If you do go down the small claims route make sure unless it is super clear you contracted with a limited company you put the claim against him personally particularly if he owns a house. At least you have his personal assets to go after. Do you know precisely whether it was a company you contracted with or the builder personally? Do you also have a specific postal address for the other party to the contract?

    dot and dab on tiles is sadly a tough argument to make: what you need is the tiles to start falling off.
     
  2. Jord86

    Jord86 Screwfix Select


    Putting everything else to the side for a moment, whilst dotting tiles onto a wall isn't good practice and saves little in time or adhesive, it doesn't mean it's going to fall off or need to be taken off. Personally I'm of the opinion that if things are that bad then I would cut your losses and sack the bloke off, it's all very well people saying to stick with him as you may not get someone else (you will, eventually, unless you're the problem) but there comes a point where it's better to live with an unfinished room for a while rather than have the mental grief and stress of dealing with an absolute tosser.
     
    sld2012 likes this.
  3. jonathanc

    jonathanc Guest

    Or if you can manage it, hold him so tightly to the contract he has entered that you can demonstrate he has walked off the job: makes a subsequent claim much easier
     
    sld2012 likes this.
  4. Jord86

    Jord86 Screwfix Select

    I don't doubt it Jon, but depending on how much money is involved it can be a lot less hassle and less drawn out to write it off and learn from it, if it was £500 for arguments sake. If it was £2000 then that's a different story and the OP has to weigh up what amount is worth pursuing the guy for at what emotional/mental cost.
     
  5. sld2012

    sld2012 Member

    He doesn't have a company, I hired him as a contractor, I have his full name and d.o.b but only know the area he lives in, not the exact address.
     
  6. sld2012

    sld2012 Member


    The total was £7745 of which I paid him £6000. There isn't one part that he has actually completed.
     
  7. Truckcab79

    Truckcab79 Screwfix Select

    How much has he actually worked? 6 weeks where you reckon he’s only turned up 3 days in a week at most, for £8k is a decent day-rate unless there’s a stack of materials in there !

    How much of the £6k (or the £8k) of that was for materials?

    what do you realistically think you have received so far? Labour and materials.
     
  8. sld2012

    sld2012 Member

    The work included, knocking down a larder wall, resizing a window, re-doing a toilet and cloakroom.
    Out of all this he has tiled the floor (fell short of a few tiles so was supposed to order more, not yet done).
    Tiled the toilet, but not installed or delivered the toilet and sink.
    Utility room, units installed but the worktop has just been cut and left on the top, tiling done half way.
    Kitchen, units with sink and tap and worktop installed. Opposite side, larder to be replaced (as he fixed a broken one despite me constantly remind him to check before fitting). Worktop is not installed, nor the tilings done. Chimney hood needs installing too.
    Window, bricks he has bought but nothing done.

    The materials included in the quote were,
    Tiles,
    Window,
    Bricks,
    Switches and sockets
    Toilet and sink

    It is really difficult to quantify what I have actually paid for. I could put some photos up here of how he has left but haven't done so just incase he is on this forum too.
     
  9. Astramax

    Astramax Super Member

    Think he would have made contact with you had he been a forum member! :confused:
     
  10. sld2012

    sld2012 Member

  11. jonathanc

    jonathanc Guest

    What really matters here is the cost of outstanding work. Not what has been done. He quoted a fixed price Say 6000. If the cost of completing works is 3000 and you have paid 4000 then you claim 1000 back. Simples. The measure of the value of work and materials to date is the cost of materials and work to complete the works deducted from the original quote. If he underpriced the work then it’s his problem
     
    sld2012 likes this.
  12. Truckcab79

    Truckcab79 Screwfix Select

    Pretty much this.
    Get your other quote.If he reckons he’s bought materials not yet used then ask for materials and receipts and expect to pay cost plus 20% to ‘buy’ them off him unless you agreed he’d supply at cost.

    Very difficult to tell from the pictures but I reckon you’re about half-way through that job at best, particularly as he has left all the fiddly stuff outstanding.

    unfortunately if he says no then you’re back where you started and have to give him a chance to finish in an reasonable and mutually agreed timescale. Without doing that you have a very much diminished chance of winning if it ever goes to court.
     
    sld2012 likes this.
  13. Jord86

    Jord86 Screwfix Select

    For the record what he has done looks decent enough from the photos put up. What's left is certainly within the scope of a Diyer to finish, or at least it appears to be anyway. I would definitely think that the remaining money not paid would cover it. Work out what is done for the money, set yourself a figure to cut your losses at then bin him off and either finish it yourself or employ someone else.
     
  14. sld2012

    sld2012 Member

    Just had a quote from the builder who did a spectacular job with my bathroom, he is willing to complete my kitchen for almost the same balance as I owed the dodgy builder, will just have to purchase the extra bits that are needed. He will finish the job in 4 days in between his already contracted jobs and starts this Thursday. We are so relieved.

    I haven't yet contacted my previous builder, but thinking of asking him if he is willing to complete the job, hoping he says NO so that I have not actually sacked him but it is his choice.
     
  15. jonathanc

    jonathanc Guest

    Be very careful how you terminate the contract with the existing builder. I presume there are no termination provisions so he may argue the full balance is due if you terminate. Better for you to get him to decide he does not want to continue…
     
  16. sld2012

    sld2012 Member

    I've just sent him a text saying it seems like he doesn't want to continue and if that's the case to let me so so I can look for someone else to do the job.
     
  17. sld2012

    sld2012 Member

    My kitchen fitter hasn't replied back yet, sent him 2 texts one a week ago and the other yesterday, he has read them on WhatsApp. What should I do? As the other builder is due to start tomorrow.
     
  18. sld2012

    sld2012 Member

    Hi, any advise on how to ask my builder to refund some of the payment made to him? His reply when asked him if he would like me to find someone else do the job was 'You are more than welcome to get someone to finish it, There isn't much there, problem is timing.' There is alot that needed to be done, the bloke who i have now hired has a lot to rectify.

    When i asked him to at least supply me with the things he should have purcashed he said the toilet and sink have been returned to the retailer and the window (he was supposed to replace the window with a smaller one) can be collected by paying £100. I have already ordered a new window as i was doubtful he would reply.
     
  19. jonathanc

    jonathanc Guest

    as i said before. take the quote the original builder gave you, deduct the cost of remaining works and that gives you the value of work done. If you have paid more then the excess should be returned. the process is to issue a letter of claim, then chaser, then final demand then court papers. The issue you have is how you terminated the contract with him. asking him if he would like you to get someone else to finish it doesnt seem clear as to the liability for costs on outstanding work. as i said in post 55 - be very careful about how you terminate the contract
     
    Truckcab79 likes this.
  20. Truckcab79

    Truckcab79 Screwfix Select

    As Jonathanc had said you have not terminated it clearly, and you also haven’t given him a clear opportunity to complete. On that basis likely that the court will decide you simply chose to employ another contractor. Your choice and therefore your cost. You’ll then have to prove why you couldn’t take the correct route and why you should have any money returned. Original builder can argue he’s already incurred most of the most of the costs of the job, committed to subcontractors, ordered materials. He can also say that the guy you have now employed is charging for £3k to do £500 of work. All very difficult to argue. Having chosen this route I think you’ve got to suck it up and move on to be honest.
     

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