Advice Needed Regarding Incomplete Building Work - Small Claims Dispute

[AlexRyan]

Hi Everyone, Not sure if i am posting this in the correct area, new to the forum.
But hopefully it gets responses that can help me.
So here comes the story, you may want a brew and a seat.

Planning Permission Granted, Architects drawings in hand and several quotations from builders in the area. I was recommended a family friend and builder, his quote beat the rest (Obviously).
So October 2021 i hired said builder to build 2 extensions on my property, contract and payment schedule received.
It flew up! By the end of November i had the 2 extensions up to roof height (one single story and one double story). Things were looking great.
By Christmas we had windows in and a flat roof on the single. Just after Christmas we had the roof on the double with velux.

It was at this point things started slowing down. A few days a week there was no sign of the builder. But then he'd show up for a day and keep chipping away. But the absences kept extending to weeks, and then months.

So we are now January 2024 and we still aren't complete, we haven't heard from the builder since June 2023. We still have scaffold around the extensions and building waste everywhere, its a building site! He has £4k of our money and a lot of work left to complete (estimated 6-10k).

We are living in the double story, that's very nearly complete, mainly 2nd fix. And i have since paid other trades to get the rear extension habitable.

Yes i have tried contacting him.
He has moved address and his website is gone. I cannot find him anywhere.

We have made contact with a solicitor and intend of going to small claims.

But is there anything else we should be doing?
Should i contact building control and let them know?

We've only just found out we needed insurance for it too. So many things that aren't made clear to us! So we aren't covered for anything.

Please advise. And thanks in advance.

Alex

For those with limited concentration:
- Building work started in OCT 2021, £34k Quote.
- Paid Builder Additional 3.5k for doors that haven't come.
- Not seen or heard from Builder since JUNE 2023.
- Estimated 6-7k in remaining work (*5k Rendering)
- Builder used fake business name
- Builder has moved address, not answering calls, texts or emails.
- He dealt with building control
- Wasn't aware of needing to tell insurance (is it worth doing now we are pretty much complete?)

 

[cdbe]

For 4k I wouldn't waste your time. Write it off, get another builder in - one who seems confident to sort through what's already been done - and pick things up with building control. For insurance cover (surely you discovered when you checked your renewal), you'll need to inform your house insurer that you're doing building work - they'll amend your policy accordingly (and no doubt charge you for the privilege).

 

[mrrusty]

Y. Totally agree with @cdbe - It's not worth getting too worked up about £4K. And you have someone's scaffolding. If it's a scaffolding Company then just use it until you want to give it back or they pick it up - you have no contract with them direct.

Just for completeness, write to the builder at his last known address, giving him 14 days to make contact and commence completing the works. It will give you a paper trail that you have done everything you should before terminating the contract (which the builder has broken by not completing). Follow this up with a letter formally terminating the contract and advising that you reserve the right to pursue both for money you have paid in advance and also the cost of any remedial works required to correct faulty workmanship. Again, probably not worth it, but it does give you a paper trail just in case. You don't have to find him - just write to the last address. If he is a business he should have mail forwarding if he has moved. Keep copies of all correspondence.

I wouldn't bother with solicitors and court for £4K - too much time and hassle with no good outcome if all you achieve is an noncollectable CCJ. If you have solid documented proof you are £4K down, If he's not a ltd company and might have assets, you could try throwing £600 (their fee last time we used them) at https://cobrafinancial.co.uk/ if they think you have a debt that is collectable. (if he can be found, they'll find him). Cobra won't take your money if they don't think they can collect.

Is the project registered with the local authority building control? if not have a chat with them today and work out how to move forward. BC inspections and sign off is your responsibility as the houseowner. You can delegate it to a builder as your agent, but at the end of the day it's you who needs to ensure it gets done.

 

[AlexRyan]

Thanks for the replies.
I wasn't very clear in my initial post. The £4k is money we've paid for Patio doors and render supplies and is a slight estimate. Its probably more considering the doors were £3270.
But the estimate I have to complete the works is approx. 6-7k.
And he's had 33k of a 34k quote.
So in real terms he owes us 10-12k!

 

[^woody^]

£4k is a lot and worth pursuing. £400 is a lot to some people and they have made claims for that.

Anyway, can you bullet point the main things for those with limited concentration.

 

[AlexRyan]

Is it worth telling insurance now even though we are pretty much complete?

All that is left is rendering, guttering & drainage and some joinery work.

 

[AlexRyan]

£4k is a lot and worth pursuing. £400 is a lot to some people and they have made claims for that.

Anyway, can you bullet point the main things for those with limited concentration.

Added bullet points for you! Thanks

 

[freddiemercurystwin]

£34K for a single and a double storey extension?

 

[AlexRyan]

£34K for a single and a double storey extension?

Yes. They aren't huge. Double Story is 5.5m x 2m and rear single is 3 x 3.5. Block and Render. Midlands

 

[mrrusty]

And he's had 33k of a 34k quote.

And there you have it. He's had all the money but only done some of the work. It isn't going to get finished by builder #1 - particularly as material costs will have soared in the time this contract has been live and as @freddiemercurystwin has just pointed out it looks very cheap!, Yes, if the builder doesn't respond to a notice to complete the job within a reasonable time, then you have the right to terminate the contract, finish it using someone else, and then sue them for the additional cost.

It's all good in theory, but in practice it will eat up your life and the outcome might just be a CCJ against someone without the assets to pay. I would move on, get it finished and just write it off to experience. You'll have a far happier, less stressful life. I do hope that the work done is satisfactory and will get signed off though as otherwise that's another world of pain

 

[^woody^]

Legal costs are generally not recoverable in the small claims track. They could wipe out anything you get from the defendant. Nor any specialist expert report costs.

You can claim whether you had a written or verbal contract. If you had no detailed description of what was agreed, then the court will decide based on normal concepts of fairness and reasonableness, but if you can demonstrate what was expected or agreed or implied, then that helps.

If you can cast doubt on the builder's credibility, that helps too. But without becoming too vindictive or emotional.

You can claim for actual losses and consequential, but not penalties. ie, you have to demonstrate and quantify actual losses as a direct result of the builder's failing.

If you got replacement builders, then you need to demonstrate that this was necessary and the costs were reasonable.

Yes, chase up building control because there may be costs and consequential costs from that to add to any claim.

In not sure what insurances you should have had. If events have passed, ignore it you can't insure for that now. If you need cover now, arrange it. That's probably not a recoverable cost for any claim.

The court may not be interested in any dodgy builder goings on. That's all hearsay for another court. Mention it, but not labour it.

Claim against the person if you can, not the business. Businesses can go bankrupt and debts cancelled.

 

[mrrusty]

Yes. They aren't huge. Double Story is 5.5m x 2m and rear single is 3 x 3.5. Block and Render. Midlands

so 32 sqm at say £2K/sqm finger in the air is >£60K, and from what I'm hearing £2K/sqm is a bit low. Then there's VAT on top...... £34K is way too cheap.

 

[noseall]

Hi Everyone, Not sure if i am posting this in the correct area, new to the forum.
But hopefully it gets responses that can help me.
So here comes the story, you may want a brew and a seat.

Planning Permission Granted, Architects drawings in hand and several quotations from builders in the area. I was recommended a family friend and builder, his quote beat the rest (Obviously).
So October 2021 i hired said builder to build 2 extensions on my property, contract and payment schedule received.
It flew up! By the end of November i had the 2 extensions up to roof height (one single story and one double story). Things were looking great.
By Christmas we had windows in and a flat roof on the single. Just after Christmas we had the roof on the double with velux.

It was at this point things started slowing down. A few days a week there was no sign of the builder. But then he'd show up for a day and keep chipping away. But the absences kept extending to weeks, and then months.

So we are now January 2024 and we still aren't complete, we haven't heard from the builder since June 2023. We still have scaffold around the extensions and building waste everywhere, its a building site! He has £4k of our money and a lot of work left to complete (estimated 6-10k).

We are living in the double story, that's very nearly complete, mainly 2nd fix. And i have since paid other trades to get the rear extension habitable.

Yes i have tried contacting him.
He has moved address and his website is gone. I cannot find him anywhere.

We have made contact with a solicitor and intend of going to small claims.

But is there anything else we should be doing?
Should i contact building control and let them know?

We've only just found out we needed insurance for it too. So many things that aren't made clear to us! So we aren't covered for anything.

Please advise. And thanks in advance.

Alex

For those with limited concentration:
- Building work started in OCT 2021, £34k Quote.
- Paid Builder Additional 3.5k for doors that haven't come.
- Not seen or heard from Builder since JUNE 2023.
- Estimated 6-7k in remaining work (*5k Rendering)
- Builder used fake business name
- Builder has moved address, not answering calls, texts or emails.
- He dealt with building control
- Wasn't aware of needing to tell insurance (is it worth doing now we are pretty much complete?)

£34k would barely pay for the double storey fella.

 

[Tricky-Dicky]

He has moved address and his website is gone. I cannot find him anywhere.
We have made contact with a solicitor and intend of going to small claims.
If you have no knowledge of his whereabouts, how will you get recompense? You will be wasting more money.....

 

[noseall]

I think the builder is guilty of being lousy at pricing. Sounds like the OP had a bargain.