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.

Re: Help Needed Cowboy Builder Threatening Court

planB - is this your area?

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.

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.

Re: Help Needed Cowboy Builder Threatening Court

julian;588550Has 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.

Re: Help Needed Cowboy Builder Threatening Court

julian;588552If 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?

Re: Help Needed Cowboy Builder Threatening Court

sebaab;588560 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-rights/advice/how-to-complain-if-youre-unhappy-with-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

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?

Re: Help Needed Cowboy Builder Threatening Court

sebaab;588516 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

Re: Help Needed Cowboy Builder Threatening Court

sebaab;588558 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

Re: Help Needed Cowboy Builder Threatening Court

sebaab;588558 My home insurance has told me that building work is not covered under my legal cover.

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

Re: Help Needed Cowboy Builder Threatening Court

Never-In-Doubt;588532planB - is this your area?

Yes it is actually :happy

Di

Re: Help Needed Cowboy Builder Threatening Court

Thank you. So glad you have had experience of this. Can I request that we move this case to the private area please for obvious reasons?

Re: Help Needed Cowboy Builder Threatening Court

This is really not ideal for going private. You can but it's really not good as in essence you're stopping others from seeing things which may assist them. Protected section is really for claims, but it's your call. I'm suggesting against moving it there - keep it discrete and nobody will link it to you ;)

Please confirm decision. Move or stay.

Re: Help Needed Cowboy Builder Threatening Court

Never-In-Doubt;588590This is really not ideal for going private. You can but it's really not good as in essence you're stopping others from seeing things which may assist them. Protected section is really for claims, but it's your call. I'm suggesting against moving it there - keep it discrete and nobody will link it to you ;)

Please confirm decision. Move or stay.

Ok let it stay. I want to help others in this situation. It's a horrible place to be.

Re: Help Needed Cowboy Builder Threatening Court

PlanB;588568How 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-rights/advice/how-to-complain-if-youre-unhappy-with-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

Re: Help Needed Cowboy Builder Threatening Court

PlanB;588574The 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.

Re: Help Needed Cowboy Builder Threatening Court

PlanB;588576Legal 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.

Re: Help Needed Cowboy Builder Threatening Court

PlanB;588572How 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...

Re: Help Needed Cowboy Builder Threatening Court

sebaab;588598The 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