Poor building work - who is responsible?

[HarryM]

I have recently had a new floor laid consisting of a DPM, 4" concrete, and about 2" of screed. It was too big a job for me to do, so I got a quote from a builder who had done previous work for me which had been done quite well. When the floor work started the builder only showed up once, and the work was done by someone else who I assumed was working for him. It took three times as long as estimated, and a couple of weeks after the guy had finished the screed proved to be substandard. In places it crumbled into dust and nowhere would it take the weight of furniture without leaving dents. I have had it taken up and its now in a pile on my lawn.

I have contacted the builder but he says that he "handed over" the job to the person who did the work, and it is that person's responsibility. The builder refuses to come and look at the problem and says that if I want him to relay the screed he will charge me the cost.

I intend to pursue this, possibly through the Small Claims Court. I assume the original builder is responsible because he was the person who quoted for the work and with whom I had an agreement (unfortunately only verbally).

Has anyone had any experience of this sort of thing? Any advice on how best to proceed?

 

[dabaldie]

you contract was with the original builder. therefore your complaint lies with him. It is up to him to then chase it up with this subcontractor.

Your best bet is try to get him to come back and do the work properly.unfortunately you have removed the evidence of substandard work.. did you take any photos of the poor screed?

if he does not accept that the work was faulty then you will have to take HIM to the small claims court and hope a magistrate agrees with you.

DO NOT CONTACT THE SUB CONTRACTOR>> YOU HAVE NO ISSUE WITH HIM.

did you get a receipt? or was it cash in hand?

 

[HarryM]

Thanks dabaldie,

I have the screed piled up outside the house, so I can demonstrate its poor quality. Also the guy who took it up said he would write a report if necessary.

If you take up a block of screed you can break it with your hands. The only thing that was holding together was a coat of self-levelling compound. This began to craze and come lose, and when I picked it off with my fingers there were large areas underneath with pits full of powder. My guess is that the person who laid it was trying to avoid buying more cement and used a very, very, weak mix.

I have a receipt for the cash, but it was given to me by the man who carried out the work, not the original builder.

I have tried to settle this amicably as I need to get the floor fixed ASAP, but the builder just isn't interested. He says the guy who did the work was not a sub-contractor, but he had "handed on" the work and the guy was doing the work for himself.

It looks as if I will have to take it to the small claims court, and in the meantime try to find someone I can trust to do the work properly. I have considered doning it myself, but as I'm pushing 70, handling a ton or more of mix is very borderline.

 

[dabaldie]

there is no such thing as 'handing on' a job.
If the original builder took the work on (and even more so if he turned up on site), then your contract is with him.. if he then decides he's too busy then it is up to him to subcontract.
The fact that you paid the subby the cash is irrelevant, you were paying the main builder and using the subby as a way of getting the cash to him.
(analogy,,, you take money out of a Barclays bank cashpoint (but your main bank is natwest) and it pays you wrong..Natwest have to reimburse you and claim the money from barclays... (barclays are the 'cash handler only')

 

[Slogger]

sure there is such a thing as handing on the job i do it all the time if i dont want the work i pass the customers number onto one of more of my colleagues

i think unless you have a written contract with the original builder then your wasting his and your time

sue the guy who done the work i bet he does this a lot

 

[markie]

Harry you should of got it in writing ( contract ) with both of your names on, then if all's not right its the builders fault, even if he got a contractor in the buck stops at his door. I guess you know that now, you could of got some one in to check the work and filed a report, but that would cost money, anyway you dug it up so its up to the courts now, 50-50 chance good luck

 

[Durgo]

Harry, don't kill yerself doin it - get a son/nephew/mate to give you a hand. but at least it will be done properly right? at minimal cost. Feel for you though - don't like cowboys/dishonourable types

 

[big-all]

sure there is such a thing as handing on the job i do it all the time if i dont want the work i pass the customers number onto one of more of my colleagues

i think unless you have a written contract with the original builder then your wasting his and your time

sue the guy who done the work i bet he does this a lot

heeelllooo slogger

when you "pass work on" thats before a contract has been sorted so of course the "new builder "is forming the contract with the customer

but if "a" forms the contract then passes it on to "b" unless the customer agrees to the alteration to the contract it still sits with the origional builder

 

[HarryM]

I am proceeding on the basis that my contract was with the original builder. He had previously done some work for me which was OK, which is why I asked him to quote for the floor. He then phoned me in November to say that he could fit it in during the first week in December, which I agreed. The man who turned up on the day I had previously seen working for the builder, so I assumed he was working for him then. This impression was reinforced when the builder turned up on site a couple of days later.

I am sure it is illegal to "hand on" a contract. If the builder didn't want to do it, he could have suggested the other guy and then it would have been up to me whether I contracted with him or not.

Anyway I am writing to the builder with a request that we either settle the thing amicably, or else I will pursue redress via the courts - with him.

Harry

 

[ian101064]

The builder has to inform you of any change in the contrect he cannot just pass the work and respponsibilities on to another contractor without your authorisation

 

[Igorian]

The last post was 5 years ago, so I would assume all done and dusted.

 

[cumbriahandyman]

The builder has to inform you of any change in the contrect he cannot just pass the work and respponsibilities on to another contractor without your authorisation

Please, please stop digging up old posts. Thank you.