Dispute with builder

Discussion in 'Builders' Talk' started by Offshore, Jun 7, 2022.

  1. jonathanc

    jonathanc Guest

    My recommendation given the above is that you proceed with getting quotes to rectify the work.

    I would then follow the small claims process to recover said costs. Do not bother with a solicitor. Just do it yourself it is relatively easy to follow the letter before claim and claim process.

    Good luck. I think you have done all you can now. It’s a clear case to me of the builder failing in his job
     
    Offshore likes this.
  2. Offshore

    Offshore Active Member

    Thanks.
    I believe a small claims will cost me £115 based on the estimated amount (I reckon £2-3k) to remedy it. Like I say, I was prepared to work with him and accommodate some expense but the way his attitude has changed has pushed my buttons now. I'm not sure if his "escape plan" will be to shut down his limited company, as someone suggested further up the thread. If so, then I will look on that as a moral victory and take great delight in having caused him some inconvenience, even if it just changing the letterheading on his paperwork.
     
  3. jonathanc

    jonathanc Guest

    Did you ever pay him personally? His bank account or in cash? Any way that you had a contract with him personally? Much nicer for you to make the claim personally in him
     
  4. chesterw

    chesterw Well-Known Member

    Make sure if you go to court, that you know exactly how much you're claiming for and have back up evidence.
     
  5. masterdiy

    masterdiy Screwfix Select

    Good point.
    I trust you have withheld final completion payment????
     
  6. jonathanc

    jonathanc Guest

    That is a pre requisite and needed for the initial claim papers.
     
  7. Offshore

    Offshore Active Member

    The work was completed in April 2021 and full payment was made at the time. It was staged payments by bank transfer. At the time we had no inkling that there were any issues - quite the contrary, we were delighted with the standard of work. I only applied for the completion certificate in January 2022 (you have 3 years to do so) but no inspection visits were taking place due to Covid so it was further delayed until March. The nature of the problem is that it is of a technical nature and behind the scenes, so to speak. It was only the SE who picked up on it when it came to him signing off his report. Rather than pre-fab'd trusses, which would have an appropriate cert with them, we had a hand cut roof with no supporting calculations or approval from anyone. So we are now a year down the road and only discovering the problem.
    In terms of amounts, I will be accounting for all material and labour costs and collecting receipts as evidence. I suspect I will pay it up front to try and resolve it as soon as possible and try and recover them afterwards. I am relatively fortunate in so far as I can afford to do this but would fully expect not to be significantly out of pocket by the end. It is difficult to balance sticking to your guns for a fair resolution and just getting the situation remedied. I have 4 x Acrow props in my dining room now that are into their 8th week of hire.
    I had suggested to the builder that I would pay reasonable costs for a quick resolution but I have had a complete reversal on that based on his "not my problem, guv" attitude. He never got back to me with a price anyway despite having the new drawings for a month now. I think he is hoping I will go away but he underestimates my bloody-mindedness.
     
  8. jonathanc

    jonathanc Guest

    Honestly. Crack on with the claim. You need to be able to demonstrate the builder has had every opportunity to put it right but as you’ve got to the “not my problem, guv” stage then you are there. I’d crack on with small claims. Quicker the better.
     
  9. Offshore

    Offshore Active Member

    I'm on it. I'm currently speaking to Citizens Advice on best way forward. It seems there are a few options in Scotland, but I am on it now.
     
  10. Offshore

    Offshore Active Member

    Anyone have any further thoughts on the missing brick? I am still in regular discussion with the SE who hasn't seen it yet, but given his initial reaction to the timber ridge beam, it could end him. No padstone and an opening under a point load doesn't seem right to me.
     
  11. jonathanc

    jonathanc Guest

    Keep the SE on side. It’s clearly not right but not material to the claim as it is trivial to fix
     
  12. stevie22

    stevie22 Screwfix Select

    It would be normal for the final payment to be only paid after BC sign off. Too late in this case but for others watching take note. A decent builder would expect no less.

    OP: when you put your claim together, don't forget to allow for your time expended. I'd try for £30/hour say and be generous (but not silly) with the times. You must have had several hours on this font of wisdom.

    Keep positive.
     
  13. Offshore

    Offshore Active Member

    Yes, it does feel like the horse has already bolted. We did snag the extension before paying the final instalment, but would never have know about this issue. We had some other work done inside the house by another contractor - not directly related to the extension but covered under the same warrant and finished a few months after the extension, so that was part of the reason for the delay. That said, it doesn't change what the builder did, just delayed it coming to light.
    It is indeed a fountain of knowledge and wisdom on here. Greatly appreciated, too. I am actually considering doing it myself now, as I can't see another builder wanting to get involved in a messy situation. I'm sure I can do it. I have had weeks to mull it over and think of numerous ways to do it.
     
  14. jonathanc

    jonathanc Guest

    i would urge caution there - don't want to be seen as trying it on, will undermine the claim. I would also NOT carry out works until the claim is settled ( i know a pain) for two reasons a) they want an independent inspection b) they argue that the cost of rectification are minimal as you did the work yourself. Best i feel get a quote for the work and claim on that basis. then sort works when claim is settled
     
    Abbadon2001 likes this.
  15. Offshore

    Offshore Active Member

    Fair comment. I have already installed the Acrows several weeks ago, at the insistence of the SE, so there has been a degree of disturbance. I take your point though, the builder could counter claim that his work has been interfered with which would weaken my claim. Despite my initial misgivings, the SE is being fairly helpful and supportive (no pun intended), so I may ask him to come out and do an assessment on it from an expert's point of view. Photos and documentary evidence. Might be able to use the tactic that it needed urgent repair and couldn't wait for case to be decided.
     
  16. Offshore

    Offshore Active Member

    If anyone is still interested in this saga....
    A slightly more positive turn of events. The builder is back onboard. Agreed start date in a couple of weeks and an agreed price. I know there are arguments against paying for it at all but it is very reasonable and amounts to materials basically and reduced/free labour. Feels more amicable and hoping to return to our previously very good working relationship. The structural company have been awful to deal with on the whole. They have never visited the site once and have only worked from photos and drawings, making several glaring mistakes along the way. For every helpful phone call there has been ten unreturned emails and or messages. It could have been resolved weeks ago if they had been more responsive. I considered binning them altogether but believe this could have been counterproductive and caused further delays and animosity so bit the bullet and stayed with them. However, as someone recommended many moons ago, I did consult a local SE - older guy, one man band operation and he came out the following day, a Sunday in fact. He looked at every single thing related to the project - drawings, calcs, standard of workmanship etc. He said he could take it on but it would be expensive - £1500 or thereabouts to discharge the previous SE. He also offered me a one off consultation for £100. I opted for this and he spent 3 hrs advising me and offering numerous options and possible solutions. A genuinely fascinating bloke who seemed to know his business inside out. Upshot was to resort to retrofitted steel beam with the existing builder but I also had several, less invasive DIY options up my sleeve which put me in a far stronger negotiating position. Hopefully, it won't come to that though and I can resume with plan A.
    Cheers
     
    Rosso, Muzungu, gadget man and 2 others like this.
  17. stevie22

    stevie22 Screwfix Select

    Still interested and good to hear positives
     
    Offshore likes this.
  18. Offshore

    Offshore Active Member

    Thanks, Stevie.
    It's still not done yet, but I'm really pleased the builder is back onboard. I've had several people in to look at the extension for various reasons over the last few weeks - architects, SEs, building control officer, and everyone has commented on the high standard of work. Notwithstanding the obvious fault, he has done a great job and I really hope he sees it through. Strange as that may sound.
     
  19. Mr Rusty

    Mr Rusty Screwfix Select

    This sounds like a result to me. Pragmatism over confrontation. I have a feeling it will work out for the best all round.
     
    Rosso and Offshore like this.

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