Builder Problem - Advice Needed

[Big Dave]

We have used a local builder (recommendation from our architect).  We had various quotes who were all within around 2-3K of each other.  We went with the builder we did as he could start the job in about 4 months time, whereas the others were 6+ months.  The builder is self-employed, and is not a Ltd company,

We have had some internal alterations - walls knocked down, new space created etc.

We have not had a contract, however a works and payment schedule was in place.  

The work was quoted as being 6-8 weeks.  6 months on, and the work is still not complete.

The builder requested money for the windows and bi-fold doors back in October, which we paid, as quite a bit of work was complete.  He kept putting off installing the windows.  It got the the stage a couple of months ago when I went to the window company and they confirmed they had quoted for the windows, but he had not ordered them.  He still hasnt.  I think there have been cash flow issues.

We have about 7K worth of work remaining to be done (total job was about 30K), however we only owe him about 4K.

He did a poor job with the self-levelling and laying of the floor, and will cost around 3K to put right.

We had a meeting almost 2 weeks ago and I gave him until this Friday to complete the works and at least order for and pay the deposit on the windows.  He has done some work since, but very little.

 

What are my options?

 

I am thinking that I write to him formally and give him 2 further weeks (the previous agreement was verbal).  If it is still not complete in this time, take photos, obtain quotes and employ different contractors to finish the jobs.  Go through the small claims court to attempt to  recover all money except the money we still owe.

As mentioned earlier, he is not a Ltd Company, so guessing any actions would be against him and his assets (house, car etc)?

 

Does that sound about right?  Any other options?

[Guest Lako42]

4 minutes ago, Big Dave said:

We have used a local builder (recommendation from our architect).  We had various quotes who were all within around 2-3K of each other.  We went with the builder we did as he could start the job in about 4 months time, whereas the others were 6+ months.  The builder is self-employed, and is not a Ltd company,

We have had some internal alterations - walls knocked down, new space created etc.

We have not had a contract, however a works and payment schedule was in place.  

The work was quoted as being 6-8 weeks.  6 months on, and the work is still not complete.

The builder requested money for the windows and bi-fold doors back in October, which we paid, as quite a bit of work was complete.  He kept putting off installing the windows.  It got the the stage a couple of months ago when I went to the window company and they confirmed they had quoted for the windows, but he had not ordered them.  He still hasnt.  I think there have been cash flow issues.

We have about 7K worth of work remaining to be done (total job was about 30K), however we only owe him about 4K.

He did a poor job with the self-levelling and laying of the floor, and will cost around 3K to put right.

We had a meeting almost 2 weeks ago and I gave him until this Friday to complete the works and at least order for and pay the deposit on the windows.  He has done some work since, but very little.

 

What are my options?

 

I am thinking that I write to him formally and give him 2 further weeks (the previous agreement was verbal).  If it is still not complete in this time, take photos, obtain quotes and employ different contractors to finish the jobs.  Go through the small claims court to attempt to  recover all money except the money we still owe.

As mentioned earlier, he is not a Ltd Company, so guessing any actions would be against him and his assets (house, car etc)?

 

Does that sound about right?  Any other options?

You may not have a contract in place on paper, however, under UK  law a contract between you and the builder automatically exists based on him starting the work. 

 

At the very least I would get quotes from other builders and take this guy to court. 

 

He's taking the piss

[Steve_Guppy_Left_Foot]

My missus sisters fella set about laying a patio, rising the level of the garden, putting down a path and installing 2 veg boxes in our garden in March... 2021, we paid him for everything up front, was meant to be completed in about a month, we currently have a wonky partially sunken patio and 1 veg box. Piss take. 

[yorkie1999]

2 hours ago, Steve_Guppy_Left_Foot said:

My missus sisters fella set about laying a patio, rising the level of the garden, putting down a path and installing 2 veg boxes in our garden in March... 2021, we paid him for everything up front, was meant to be completed in about a month, we currently have a wonky partially sunken patio and 1 veg box. Piss take. 

How are your tomatoes coming on?

[Soar Fox]

You may struggle getting other builders to finish someone else’s work off. 

[boots60]

Put a horses head in his bed, it'll soon be done, worked for me.

[Big Dave]

4 hours ago, Steve_Guppy_Left_Foot said:

My missus sisters fella set about laying a patio, rising the level of the garden, putting down a path and installing 2 veg boxes in our garden in March... 2021, we paid him for everything up front, was meant to be completed in about a month, we currently have a wonky partially sunken patio and 1 veg box. Piss take. 

Arsehole.  You don’t expect a family member to screw you over like that.

[weller54]

1 hour ago, boots60 said:

Put a horses head in his bed, it'll soon be done, worked for me.

Or Harry Kane's head!

[MPH]

I will add that make sure you tell the builder you will contact your architect and tell him about the situation to stop him from recommending the builder to anyone else and that could be a huge  drop in income for the builder- he might finish the job a bit quicker if he knows you’ll do that…

[kenny]

24 minutes ago, MPH said:

I will add that make sure you tell the builder you will contact your architect and tell him about the situation to stop him from recommending the builder to anyone else and that could be a huge  drop in income for the builder- he might finish the job a bit quicker if he knows you’ll do that…

It needs to happen. In reality they are so busy they don't care.

[He aint bald]

Probably a really unhelpful reply but I went from not knowing how to use a drill nor mix a bucket  of cement to building and installing my own wooden windows.

Concrete and tiled floors too- plastering walls and even stripping and rewiring dangerous electrical circuits. 

 

Why? Cus nearly every proffesional I used did a bad job. All my work was ripping out contracted stuff and doing it again. 

 

My point?

 

Dont assume that you can not do some things yourself ..........and do a better job,  unless of course you really cant, or its against the law.

Some serious reading on the internet mind, proper serious, not just 3 youtube videos

 

 

 

[ajthefox]

I'd definitely start with a letter, state previous key agreements, very to the point but keep it nicey nicey. Be clear about the ramifications if not agreed. Put the onus on him to propose suitable alternatives where it may help, so it gives him a chance to co-operate if he wants to.

 

If you've got a schedule of work and a payment schedule then that in itself is considered an implied contract as @Lako42has said.

 

Keep records of conversations, phone calls etc and send stuff to him, suggesting he reply if he disagrees with anything. Might be a pain but if you keep written notes of anything it will help if you go to small claims. In my professional experience, small builders are very poor at keeping records of anything, and that bodes in your favour.

 

As MPH has said, get on to your architect as well. They'll not be grateful but if they've been involved with contractor selection they should be chasing him to get stuff done.

 

I'd try and get proof of purchase/deposit etc for the windows. If you've given payment for that specifically, then him using that money for something else is pretty dodgy. I don't think the courts would look kindly on that.

 

Best of luck.

[kenny]

3 hours ago, ajthefox said:

I'd definitely start with a letter, state previous key agreements, very to the point but keep it nicey nicey. Be clear about the ramifications if not agreed. Put the onus on him to propose suitable alternatives where it may help, so it gives him a chance to co-operate if he wants to.

 

If you've got a schedule of work and a payment schedule then that in itself is considered an implied contract as @Lako42has said.

 

Keep records of conversations, phone calls etc and send stuff to him, suggesting he reply if he disagrees with anything. Might be a pain but if you keep written notes of anything it will help if you go to small claims. In my professional experience, small builders are very poor at keeping records of anything, and that bodes in your favour.

 

As MPH has said, get on to your architect as well. They'll not be grateful but if they've been involved with contractor selection they should be chasing him to get stuff done.

 

I'd try and get proof of purchase/deposit etc for the windows. If you've given payment for that specifically, then him using that money for something else is pretty dodgy. I don't think the courts would look kindly on that.

 

Best of luck.

This is as good advice as you are going to get I'm afraid.

 

Good luck!

[Smudge]

Even if you don't have a written contract, as someone earlier states you are in a legally binding verbal contract.

This is what I would do: -

• Write up a memorandum of what the original agreement was in terms of scope, timing and payment.
• Chronologically detail what work has been completed and when payments were made.
• Work in progress
• Changes in the scope of the work and addition cost if any.
• What work has yet to be started
• What remedial work needs to be done.

This document needs to be agreed by you and the contractor and jointly signed.

Should there be any agreed discrepancies write an addendum memo to that effect.

 

This way you'll establish a base line of understanding.

 

[Craig]

On 23/03/2022 at 15:19, Big Dave said:

We have used a local builder (recommendation from our architect).  We had various quotes who were all within around 2-3K of each other.  We went with the builder we did as he could start the job in about 4 months time, whereas the others were 6+ months.  The builder is self-employed, and is not a Ltd company,

We have had some internal alterations - walls knocked down, new space created etc.

We have not had a contract, however a works and payment schedule was in place.  

The work was quoted as being 6-8 weeks.  6 months on, and the work is still not complete.

The builder requested money for the windows and bi-fold doors back in October, which we paid, as quite a bit of work was complete.  He kept putting off installing the windows.  It got the the stage a couple of months ago when I went to the window company and they confirmed they had quoted for the windows, but he had not ordered them.  He still hasnt.  I think there have been cash flow issues.

We have about 7K worth of work remaining to be done (total job was about 30K), however we only owe him about 4K.

He did a poor job with the self-levelling and laying of the floor, and will cost around 3K to put right.

We had a meeting almost 2 weeks ago and I gave him until this Friday to complete the works and at least order for and pay the deposit on the windows.  He has done some work since, but very little.

 

What are my options?

 

I am thinking that I write to him formally and give him 2 further weeks (the previous agreement was verbal).  If it is still not complete in this time, take photos, obtain quotes and employ different contractors to finish the jobs.  Go through the small claims court to attempt to  recover all money except the money we still owe.

As mentioned earlier, he is not a Ltd Company, so guessing any actions would be against him and his assets (house, car etc)?

 

Does that sound about right?  Any other options?

Dealt with a number of cases similar to this which were prosecutions by trading standards. Would definitely get in touch with them in the event there have been other complaints too.