Help Needed Cowboy Builder Threatening Court

[PlanB]

Re: Help Needed Cowboy Builder Threatening Court

I do have a new builder commencing in approx 3 weeks.

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

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

Di

[PlanB]

Re: Help Needed Cowboy Builder Threatening Court

I sacked him before he finished the work because he is incompetent. Not only that but he lied to me, didn't turn up most days

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

[cymruambyth]

Re: Help Needed Cowboy Builder Threatening Court

I dont think you argument would be loss of faith but incompetence. If 90% has to be rectified then he has failed to maintain his side of the contract. (In my view). Have you spoken to trading standards?

[PlanB]

Re: Help Needed Cowboy Builder Threatening Court

I have lost faith because the builder is totally incompetent. Is lost faith enough to terminate the contract though?

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

[sebaab]

Re: Help Needed Cowboy Builder Threatening Court

If possible get the surveyor to estimate the cost of works to date, and the cost to bring the works up to standard. Then sue/counter sue him. It costs a heck of a lot more to put a bad job right than to mess it up in the first place. It also gives you ulcers as no other builder will touch it, except at an extortionate price.
A for the chance to put right, you have lost faith, which is acceptable if he cannot show competence. Your house, your rules.

Hate them with a passion.

Indeed I have lost faith because the builder is totally incompetent. Is lost faith enough to terminate the contract though?

[sebaab]

Re: Help Needed Cowboy Builder Threatening Court

Has the surveyor provided you with a report? If not get one asap.
Was BCO informed? Should they have? You will be responsible

Rotten stinking builders do this al the time. anything like ours would have walked off with the money doing nothing.

Have you legal advice on home insurance? Get in touch with them. If he gave you indemnity insurance, check that out.

The builder must provide a proper service, with appropriate level of skill. He is in breach of contract.

NB FMB and other trade organisations are fan clubs, and provide nothing to the customer.

Hope he chokes on his contact. Bitter me??? Damn right.

I have a surveyors report and it confirms that the work is of a bad standard. I have had the building control officer look too and he has agreed that it's bad. So bad in fact that 90% of the work must be ripped out and redone. I do have a new builder commencing in approx 3 weeks. He has been fantastic. My home insurance has told me that building work is not covered under my legal cover.

[julian]

Re: Help Needed Cowboy Builder Threatening Court

If possible get the surveyor to estimate the cost of works to date, and the cost to bring the works up to standard. Then sue/counter sue him. It costs a heck of a lot more to put a bad job right than to mess it up in the first place. It also gives you ulcers as no other builder will touch it, except at an extortionate price.
A for the chance to put right, you have lost faith, which is acceptable if he cannot show competence. Your house, your rules.

Hate them with a passion.

[julian]

Re: Help Needed Cowboy Builder Threatening Court

Has the surveyor provided you with a report? If not get one asap.
Was BCO informed? Should they have? You will be responsible

Rotten stinking builders do this al the time. anything like ours would have walked off with the money doing nothing.

Have you legal advice on home insurance? Get in touch with them. If he gave you indemnity insurance, check that out.

The builder must provide a proper service, with appropriate level of skill. He is in breach of contract.

NB FMB and other trade organisations are fan clubs, and provide nothing to the customer.

Hope he chokes on his contact. Bitter me??? Damn right.

[Never-In-Doubt]

Re: Help Needed Cowboy Builder Threatening Court

planB - is this your area?

[sebaab]

I need help as I am in the unfortunate position of being in dispute with a builder who was doing a building job for me. I sacked him before he finished the work because he is incompetent. Not only that but he lied to me, didn't turn up most days, had a near miss involving a neighbour and generally didn't do what I expected.

My main concern is that he has said I am in breach of the contract because I have a duty to let him rectify any problems. My position is that he is so incompetent that allowing him to "rectify" anything will make it worse. I have had a surveyor inspect the work and he agreed it is to a poor standard. He is now saying that he will take me to court for non payment as he has demanded 75% of the original quote within 7 days. Where do I stand regarding the breach of contract? I have searched for ages on Google and not found much help to be honest.