Dispute with builder

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

  1. Offshore

    Offshore Active Member

    Good afternoon, all.

    I posted on here a few weeks ago about my new extension's roof and how the structural engineer wasn't happy with how it was built by my contractor- essentially he didn't build it to the SE's spec. I am still pursuing my builder for a resolution but he is proving difficult to tie down and just goes into "radio silence" for long periods. I have messaged, called and emailed him numerous times and he does respond occasionally but it is always excuses and delaying tactics and he is not giving me any confidence that he is going to come through for us. I have given him an ultimatum of the end of this week to give me a definitive forward plan and a commitment that it will be remedied. If not, and he is unaware of this, then I intend to take legal action for breach of contract and/or negligence. Not the way I wanted to go but needs must. I am not threatening him with legal action, the thought of having an aggrieved person working in my house is not ideal, I just intend to employ another builder to rectify it and pursue the original builder for reimbursement. Obviously, I will appoint a lawyer but does anyone have any advice or words of wisdom before I go down this disappointing route.

    Thanks
     
  2. chesterw

    chesterw Well-Known Member

    It seems your only choice, the problem with bodger tradesmen is that's all they can do - bodge. So its pointless discussing the problems with them because they won't understand. Although legally you must give them an opportunity to fix their bodge, be thankful they avoid you, and then let a judge decide. But also you must ensure you personally suing the responsible person, if they are a limited company, then forget it.
     
    Otilebab likes this.
  3. Offshore

    Offshore Active Member

    Why would limited company give me problems? It seems "bang to rights". His contract says he will build as per approved drawings. He hasn't and it will cost me to remedy it, have new drawings made and reapply for my building warrant. I reckon I will be out of pocket by £2-3000 at the end of it.
     
  4. chesterw

    chesterw Well-Known Member

    If you try to sue a small Limited company, they could just just close the company, and then you have nobody to sue.
     
    Muzungu likes this.
  5. Muzungu

    Muzungu Screwfix Select

    If they are a limited company look on Companies house to see how long they have been operating and what sort of cash flow and assets they have. It is advisable to do this anyway before you take on any contractor. You can also check what other companies they may have been involved in and dissolved.

    Doesn't give a complete picture but does give an indication as to what they are up to. As @chesterw said they can just close down and things would then get very complicated, and expensive and you would unlikely to get anywhere. If they have been running along time they may not want to shut down, if a small company recently setup with not much going through the books it would be no skin of their nose to shutdown.

    https://find-and-update.company-information.service.gov.uk/
     
  6. Resmond

    Resmond Active Member

    If it’s under 10k go through small claims court, in a standard court the only winner will be the one collecting the legal fees
     
  7. Offshore

    Offshore Active Member

    Thanks for the advice. Doesn't sound very promising. How disheartening that a company can take your money, not deliver on their contract and then disappear. Would this still apply to a small claims case?
     
  8. jonathanc

    jonathanc Guest

    It’s not that easy to close a company down.
    If you do act against a limited company. Make the claim jointly against the directors
     
  9. Resmond

    Resmond Active Member

    If they disappear/dissolve the company or don’t have the money to pay then it’s unlikely you’ll get it back.. however if they’re still trading then there’s a good chance they’ll pay, I guess depends how cowboy a firm it is, would they give up everything over a few k..
    SC court fees for 10k case is like 450 so equal to about one phone call with a solicitor
     
  10. Offshore

    Offshore Active Member

    Thanks folks. Good advice, as always.

    Cheers
     
  11. chesterw

    chesterw Well-Known Member

    Are you sure you can go for the directors?

    Years ago I worked for a ltd comp, owned by a boss who was a millionaire. One friday we were all sacked and paid up to date, and told to come back on monday and the new renamed company would hire us, and that's what happened.
     
  12. jonathanc

    jonathanc Guest

    Not easy but there may be a way.
     
  13. Offshore

    Offshore Active Member

    I spoke to a lawyer today - free online consultation initially. They suggested trading standards rather than pursuing financially in the first instance. They reckoned that might be enough to show them I'm serious about pursuing them and may get a resolution out of them. Not sure I want an aggrieved builder working on my house though. As it stands he has until the end of the week to get back to me with a forward plan.
     
    chesterw likes this.
  14. chesterw

    chesterw Well-Known Member

    Be interesting to know how it turns out, good luck
     
  15. jonathanc

    jonathanc Guest

    I would disagree with that. Far better to lodge a small claim as soon as you can. I would suggest start the pre claim process alongside trading standards
     
  16. Offshore

    Offshore Active Member

    She basically told me to try and provoke a reaction and get him to resolve it before going down the legal route. If he fails to meet my weekend ultimatum then I will look to employ a lawyer next week and take it from there.
     
  17. Resmond

    Resmond Active Member

    Courts are seriously backlogged atm, i know someone who went through this process and it got dragged out for over a year, both parties lost more in fees then the initial dispute. Might be worth doing a cost/benefit analysis. Personally think the free legal advice was alright
     
  18. stevie22

    stevie22 Screwfix Select

    A lawyer advising against going straight to law: how refreshingly honest.
     
  19. Offshore

    Offshore Active Member

    :DShe must have been new. She won't last.
     
    gadget man likes this.
  20. jonathanc

    jonathanc Guest

    no i disagree. i can bung in a small claim in an hour, just pay the standard court fees so probably less than £100 and you'll have to pay them if you employ a lawyer. as soon as the claim is lodged the clock starts ticking - the respondent has 28 days to reply or it is judgement in default.

    go to trading standard but also start the pre claim process yourself, just a few letters.
     
    Offshore likes this.

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