Help Needed Cowboy Builder Threatening Court

[sebaab]

Re: Help Needed Cowboy Builder Threatening Court

How was the contract entered into?

Was there a Works Specification drawn up so both you and the builder were clear on what should be done and how it should be done and by when it should be done?

You're probably protected by the Consumer Rights Act 2015 which you can read about here > http://www.which.co.uk/consumer-righ...-building-work

If this went to court (let's hope not) the DJ would order an Independent Expert to provide any report.

I completely understand your anger and frustration with this job which has clearly gone terribly wrong. So the first thing you need to do is build your case/defence from the ground up.

The Act says (rightly or wrongly) that in theory you should give the rogue builder the opportunity to correct their mistakes. You may have gone passed that point in the relationship.

So first things first. How much money are we talking about and what was the job?

Di

Many thanks. The job is to convert integral garage to bedroom and the cost is 9.5k of which I have paid 10%.
The contract is based on agreement of his quote which is vague and doesn't have a works spec.

I did use the which website when I constructed my reasons for sacking him and not letting him attempt remedial work.

I had an independent survey done straight aeay

The rogue builder is incompetent no doubt about it. I will not let him near my house again.

Will answer other questions shortly

[sebaab]

Re: Help Needed Cowboy Builder Threatening Court

The wise thing to do is get three quotes for the remedial work.

That's what a court would expect you to do.

Di

I would like to do this also. The builder though is demanding settlement within 7 days which takes me to Friday this week. I have told him that is unreasonable and that I need time to get quotes and consider the costs.

[sebaab]

Re: Help Needed Cowboy Builder Threatening Court

Legal Expenses cover included in home insurance policies generally covers you for bringing proceedings not defending proceedings.

You may need to ask them (your insurer) to send you details of the policy before dismissing this potential option out of hand.

Di

Good point! I will get on that right away. I phoned them initially and spoke to their solicitor who said it wasn't covered and suggested Citizens Advice website as they have template letters. I will contact my insurers again.

[sebaab]

Re: Help Needed Cowboy Builder Threatening Court

How did you "sack him"?

What did he "lie" about?

Did the contract expressly state what days he had to be 'on the job' or did it state a 'finish the job by' date without any specific reference to his hours on site?

I'm on your side (I've dumped loads of builders in my time) but a DJ isn't on your side or on his side.

You say he's threatened to take you to court unless you pay 75% of his original quote. Have you received a Letter before Claim (LBA) from him?

Have you paid him any money so far?

What are the (stage) payment terms in the contract?

Di

I sacked him via email stating incompetence, lack of faith, unsafe working, causing security issues and being dishonest/ misleading.


He gave a completion date. The quote stated " without guarantee" however, verbally he told me 2 weeks and via email he stated "we have 2 weeks to do this" After 3 weeks he was approx 75% finished. He estimated another week until completion although I disagree. I think it would have taken him another 2. He knew I was very unhappy about the time slippage. He wasn't here for days on end. He didn't give a monkeys how long it took.


No LBA just threats via email. He claims his insurance company will take me to court.


Payment terms were 10% down payment & the rest on completion.


I will post about the lying shortly...

[PlanB]

Re: Help Needed Cowboy Builder Threatening Court

The job is to convert integral garage to bedroom and the cost is 9.5k of which I have paid 10%.
The contract is based on agreement of his quote which is vague and doesn't have a works spec.

I'm no Sarah Beeny but £9.5k to convert a garage into a bedroom does sound a lot to me.

Was there also an installation of a bathroom hence Building Control's involvement?

You've paid 10% upfront. Was that to cover materials or materials and some labour?

May I ask what has been done wrong (wiring, plumbing etc)? That'll help to assess what needs to be undone and redone.

If the quote was "vague" and there was no Works Spec you'll need to establish exactly what he based his quote on i.e. exactly what you agreed to pay him for.

Did you get any comparable quotes at the same time?

Why did you select this contractor? Perhaps personal recommendation?

Di

[PlanB]

Re: Help Needed Cowboy Builder Threatening Court

He claims his insurance company will take me to court.

Take you to court for breach of contract I presume. No doubt you will wish to counterclaim if he does.

Perhaps he has Legal Expenses cover.

Is he a Sole Trader or a limited company?

Di

[sebaab]

Re: Help Needed Cowboy Builder Threatening Court

Ok, the lies. Here goes!

1. He claims colour matching of blocks impossible. Original agreement (verbal) was to match rest of house. I was very firm about this. He's built a wall that doesn't match the rest of the house claiming I won't get any better. I reluctantly agreed to the colour difference subject to there not being a better block available and that this would be the ONLY compromise of the entire project. However, there is a better match and I have a sample to prove it. Now that it's dried out it's an eyesore. He said it would look better when dry.

2. He built a soldier course (under a 7ft wide window) using engineering bricks! I tackled him about this as they looked awful and asked why he didn't use proper house bricks matching the rest of the house. He said "you won't get those". Well, long story short, I did. The first builders merchants I tried stocked the exact same brick. I even went and got them in my car. It's the kind of thing you do when you want the job done right. In the interim period though, the builder messaged and then phoned me trying to get me to accept another brick that was completely different. He changed the bricks but made it clear he wasn't happy about it.

3. We had issues with the electrics switching off after a new consumer unit had been fitted. He told my wife this was the "bedding in period" for the electrics!

4. He lost our house key. Said he would replace it that afternoon. 2 weeks later still no key

5. Some days he wouldn't turn up. Excuses have changed 3 times since why he wasn't here working. He was working on other jobs he has now let out during an angry rant at me via email.

6. Time estimate was 2 weeks. This was fictitious. It would have been 4 weeks and counting. I sacked him after 3.

7. He assured me more than once that he was going as fast as he could. He wasn't. He was working elsewhere see above.

8. He said the window would have trickle vents (as per building regs requirement). It didn't.

Is that enough for starters?

[sebaab]

Re: Help Needed Cowboy Builder Threatening Court

I'm no Sarah Beeny but £9.5k to convert a garage into a bedroom does sound a lot to me.

Was there also an installation of a bathroom hence Building Control's involvement?

You've paid 10% upfront. Was that to cover materials or materials and some labour?

May I ask what has been done wrong (wiring, plumbing etc)? That'll help to assess what needs to be undone and redone.

If the quote was "vague" and there was no Works Spec you'll need to establish exactly what he based his quote on i.e. exactly what you agreed to pay him for.

Did you get any comparable quotes at the same time?

Why did you select this contractor? Perhaps personal recommendation?

Di

9.5k is slightly on the high side yes but not excessively so.
Building control were involved because it changes the front of the house and it has changed from a non-habitable room to a habitable one.
All I know is it's a 10% down payment.
Most things have been done wrong. Plasterboarding, wall, window, plumbing, electrics (only slight problem)
I've asked for a breakdown of the quote. He's refused to provide
I did get a quote 1k cheaper but builder wasn't available at the time
He wasn't recommended by anyone. We took a chance. He looked good. lesson learned!!

[sebaab]

Re: Help Needed Cowboy Builder Threatening Court

Take you to court for breach of contract I presume. No doubt you will wish to counterclaim if he does.

Perhaps he has Legal Expenses cover.

Is he a Sole Trader or a limited company?

Di

Yes he claims breach of contract on the basis I didn't give him a chance at remedial work. However, the remedial work he did suggest was not acceptable and he has since denied any serious problems with his work exist despite me having a survey done
Yes I will counterclaim
He's Ltd Co

[sebaab]

Re: Help Needed Cowboy Builder Threatening Court

Just to add; I have told him that i will pay for any work that he has done that is of acceptable standard. I have not said I won't pay full stop.

[sebaab]

Re: Help Needed Cowboy Builder Threatening Court

My question is really whether it is ok to sack a builder due to incompetence or whether the judge will instruct me to give him a chance to rectify the work if it goes to court. I do not want this cowboy on my property at all. As well as being completely incompetent he had a near miss where people could have been injured (thank god they didn't).

[PlanB]

Re: Help Needed Cowboy Builder Threatening Court

Payment terms were 10% down payment & the rest on completion.

How did you pay the 10% first instalment?

Was it on a credit card or debit card (or cash/cheque/online)?

Di

[sebaab]

Re: Help Needed Cowboy Builder Threatening Court

How did you pay the 10% first instalment?

Was it on a credit card or debit card (or cash/cheque/online)?

Di

Hi, It was a bank transfer

[PlanB]

Re: Help Needed Cowboy Builder Threatening Court

I have told him that i will pay for any work that he has done that is of acceptable standard. I have not said I won't pay full stop.

That sounds like a reasonable approach

If this dispute went to Mediation (a free option available to you by the court if a claim for under £10k were to be issued) there would be an attempt to reach common ground on what went well and what didn't.

So far you've paid £950 towards the £9,500.00 costs.

How do you plan to quantify the work which has been done to an acceptable standard?

After that you may wish to quantify the cost to you to remove the work which was not done to an acceptable standard.

I think you posted somewhere that the contractor has done 75% of the work so is he asking for around £6k?

Di

[PlanB]

Re: Help Needed Cowboy Builder Threatening Court

It was a bank transfer

I asked that question to establish whether you may be able to use section 75 CCA if you paid by credit card or Chargeback if you paid by Debit Card.

Di