Builder Dispute

[richgentry]

Hi

I hope some people will be able to provide advice and clarity regarding this and thanks to anyone who does

My Mum is unfortunately involved in a dispute with a builder. I'll list the details as I know it below to make it easy to read

• The job involved building an extension to the house to house a new kitchen. After 3 years the roof began to leak through the velux window and plasterboard.
• After unsuccessful attempts by the builder to fix the problem and realising the problem was likely serious my Mum engaged a surveyor to assess the roof.
• He says it's likely the whole extension needs to come down due to serious issues across the build, although this isn't known for sure until further investigation is done. This involves opening up the walls so once started you deal with what you find, including the whole rebuild if needed.
• A solicitor has been engaged to look into this.
• As far as I know there was no formal contract in place between my Mum and the builder.

I guess the main questions I have are around the legal process as it's a very expensive game to play. The amount involved is beyond small claims. How do you assess wether it's worth going to court? How do you know what assets a person has? I'm sure the court would find in my Mum's favour, given the standard of work, but that's meaningless if the builder has no funds? I've asked my mum to check her house insurance for legal protection.

I'm aware that I know very little about all this so any advice is gratefully received. Unfortunately my Mum knows far less than I do, is out of her depth regarding this and is understandably extremely worried given the sums that keep getting quoted to her so I need to understand what's going on so I can be useful.

Thanks again for any help

 

[johnny2007]

Crucial question: was the work done by a limited company? (Some halfwit call it a "proper company")
If so, tell your mum to repair the roof and forget about the builder.
A limited company can be folded at the drop of a hat and nobody would be personally responsible for its debt, even if we're talking about a county court judgement.
So, the "proper company" is a no brainer for any builder who has any personal assets, even a nice car.
If instead the work was done by the builder, without the cover of a limited company, then he will be responsible personally.
Said that, it is very unlikely that someone with any asset would work as self employed without forming a limited company.
To find out if he owns his property you need to buy the records from the land registry for £3.
No chance to recover anything if he doesn't own his house.
Good luck.

P.S.: don't think for a minute that your mum would win hands down in county court.
If things got that far, your mum would probably have to let assess the job by the builder's appointed surveyor.
Then there would be two very different reports, one showing lots of potential faults, the other highlighting a cracked seal in the skyline (£20).

 

[^woody^]

Do your research on the builder. Look at his home, his car, his social feeds etc.

But you need to ask these questions to your legal advisor.

Be sure that you can actually rely on your surveyor's report. Is he an Expert Witness? Is he qualified to write reports acceptable to a court under CPR? Does the report discuss factually what may or may not be wrong or is it just full of unqualified "this is bad" type statements without detailed how things should be, what standards should be met, and why the work does not meet standards. Many a claim fail on crap reports.

If the work is so bad and the "whole extension needs to come down due to serious issues across the build" then that begs the question as to whether building control have been involved and certified the work? You'll have difficulty proving your surveyors assertion if the work has passed building control inspections - which are intended to prevent the very thing your surveyor is stating is wrong!

Having no formal contract is irrelevant. There was a contract if the builder did work and he received payment.

 

[noseall]

I'd like to see a piccie please, so we can tear apart any design issues.

 

[motorbiking]

Was the build signed off by building control?
Before engaging a lawyer, you need to be clear about the amount you intend to claim and how the builder can pay.
You need to consider if this was bad workmanship, negligence or if there may even have been criminal acts involved (fraud) etc.
A contract clearly exists. work done, money changed hands. There must be some sort of trail of information. emails, quotes etc.
How was the builder found?

Basic rule when working from an oral contract, is to ensure the work value exceeds the payments until its signed off.

Photos would help.

 

[DevilDamo]

Until some photos or even drawings can be provided, I’m wondering if this issue has been caused by a rooflight being positioned in a low pitch roof without the required flashing kits, etc...

 

[motorbiking]

The process is roughly as follows:

1. check the builder out https://www.trustonline.org.uk If he's got lots of unsettled CCJs then you need a plan b.
2. Work out what the real cost of repair is. Get other builders to asses it - if there is any way you can keep it under £10k consider it. The next band up is 25K (fast track)
3. Identify the minimum you are willing to accept if the builder is open to compensate
4. write to the builder outlining the defective work and ask them what they plan to do
5. follow up with deadlines
6. if no joy consider without prejudice offer to avoid legal action
7. if no joy issue a letter before claim (solicitor)
8. If the claim is over £25k you are probably looking at 6-10k legal cost on top

There is no point ins suing someone if they cannot pay.

 

[noseall]

Until some photos or even drawings can be provided, I’m wondering if this issue has been caused by a rooflight being positioned in a low pitch roof without the required flashing kits, etc...

Moi aussi

 

[Johnny Allround]

Anglesey is a small place really, was he a local builder or from out of town. When you start talking surveyor fees and legal fees before discussing it with the builder you are looking at a serious commitment to what might be a relatively quick fix. Surveyor wants to justify his fee so makes it appear worse than it is? Builder needs a chance to put it right, then there’s the building controls and quality aspect and who was responsible for the overall contract. It’s going to cost if you don’t ask the builder back to put it right, or has that boat sailed? Minefield! Good luck.

 

[Leofric]

If you have engaged a solicitor I presume he knows more about the details of the situation

and the legal process​

than anybody on here
Without knowing more who can say ,but as others have said the work should have been built to building regulations and finding if anything was approved by Building Control would be a start.