Walking Away From Trade

[chuckalicious]

Looking for some advice here. I posted a while back here https://www.diynot.com/diy/threads/how-long-is-too-long.471920/

About a problem I had been having with a building company who I had hired to build a small extension (£17k worth). When the job was completed we had agreed that I would hold back £500 until all snagging was done, with the agreement that it would be early in the New Year.

Over the last couple of months the expected cracks in the plaster joints have appeared however I also spotted that there is a joint between the old and new roof which was filled with expanding foam and is sitting open to the elements. The silicone around the wall tile to floor tile joint is coming away in the shower area and there is a mystery crack in the shower wall tiles about 12 tiles deep (hairline but still concerning in a wet area) and the extractor fitted is not up to the job nor the spec I asked for during the build.

I notified him of all this via email and he acknowledged receipt and said he would be round. He didn't show. I emailed him again a week or so ago and said that I felt the end of Feb was a fair cut off as I had chased him so many times and these things needed fixed, especially the failed seal in the bathroom (the silicone) and the roof. I said the money was waiting for him but if he didn't come and sort everything by the end of Feb I would do so myself and use the retainer, effectively ending our contact.

He replied saying he thought he had until April and then said he would be out Thursday or Friday of last week.

He didn't show.

So it is now the end of the month. Would you cut all contact and keep the money and sort the snagging yourself? I don't want him to turn up in 2 months time wanting money and there be no snagging for him to sort because I've done it all, but I don't legally want to be in the wrong. Not convinced he would take small claims route for £500 but would rather know if my email, which he acknowledged, is binding.

Thanks.

 

[Brigadier]

By the sound of it, the builder has cut ties themselves.
Not much use to you now, but holding back £500 in £17k sounded unlikely to have them jumping to your every call and invite.

 

[chuckalicious]

It became clear mid way through the project that they were sick of the job (it was very fiddly) and they had better places to be.

They were recommended by another builder in my village who is well liked (but wasn't available for the job himself) and my kids are at school with his. I don't want things to get unpleasant and have it become an issue of reputation. Mind you I imagine he would think it was poor what has been done too.

Do you know if he would still be entitled to come and sand the cash at a later date?

 

[Brigadier]

I wouldn't know, but as you are in a village, and have brought up reputation, being "right" isn't always "right", and is something you'd have to weigh up yourself.
If you can get the builder back, an amiable conversation might be the best place to start. That, to my mind, could lead to the simplest and most pain-free resolution.

 

[chuckalicious]

I have already chased so many times and been promised a visit and never get one. I can't phone him because he always sweet talks and promises whatever (I'm autistic and find confrontational conversations very difficult) so I do it via email so it is in writing. How many more times can I ask for it to be sorted and be let down, especially after giving him an ultimatum.

 

[motorbiking]

You've given him a fair chance to remedy the defects, he's accepted that there is work to do and has agreed (twice?) to inspect, but hasn't done so. So this is a breach of contract which allows you to terminate the contract. The roof exposure needs fixing asap to avoid more serious damage. its going to cost you more than £500 to fix, if you were to get someone in. You could get someone out to quote the repair. You carry out the work, taking photo's etc and keeping receipts. If he wants to sue you for the £500, then you'd counter claim for your costs, via the process.

He's highly unlikely to win.

Given your condition you may want to post pictures here for impartial feedback on the defects.

 

[chuckalicious]

Here you go.
Lot of photos. The cracks in the tiles might be quite hard to see. The foam you can see in the roof joint flows right through into the woodwork of the old roof in the loft.

The silicone is in the wet/shower area so any water will be going down the back.

 

[chuckalicious]

Oh and one of the radiators was leaking too which I let him know about. Got sick of cleaning the floor and topping up the boiler pressure so sorted myself.

 

[chuckalicious]

Plus this cracking as well. goes all the way round the window.

 

[^woody^]

Send a final letter with a fixed date to to attend by and rectify the problems by (say one week/ seven days) and then that's it.

If you don't get email receipts, send it by post recorded delivery if you think he might moan about it.

But you need to be sure that the items are just minor snagging, and will cost less than the amount retained. Otherwise do you want to claim for more money to cover the actual costs?

Don't make any statements that could limit any future potential remedy if the defects get worse or other defects occur in the future.

BTW, cracking in ceramic tiles is always a worry as it tends to be caused by movement of the wall behind. Any other work involving water and things getting worse if not rectified quickly, will tend to attract a cost premium to get done quickly.

 

[motorbiking]

With the exception of the foam and the cracked tiles, this is just shrinkage and should be remedied with the appropriate decorators filler/ sealant/paint etc. Is a real shame about the tiles as really they need to be removed and replaced. It wont be easy to do that and you might not get a good looking finish. The foam filler probably needs a roofer to flash over or something. You probably could get this all done for the £500, so worth getting someone to quote and then telling the builder you're going ahead with the fix, once you've had a quote.

Edit: woody beat me to it, his reply is better.. apart from sending letters recorded delivery.

 

[chuckalicious]

Cheers guys. Yes, the cracks are just shrinkage which I was expecting. I don't understand the tile crack at all - there is no cracking of the plaster directly above the crack line - the tiles aren't full wall height so easy to see. It's almost as if there's been some sort of impact that has caused it. For all I know one of the trades fell against it and didnt mention it!

I think I will have to send a letter. Shouldn't have had to get to this stage, I'm very disappointed.

 

[chuckalicious]

Letter sent recorded delivery this morning. Will let you know the outcome.

 

[chuckalicious]

Well, he has got in touch. Really surprised at my suggestion of a problem and that he has bent over backwards for us and can't just drop everything and come running for snagging and we hadn't agreed a timeline for snagging. He also said he was bed bound for the last 2 weeks.

Have explained that these issues go much further back than 2 weeks and we are sick of the constant let downs. Also suggested snagging involving water is surely time critical to which he said the bathroom is all tanked and he didn't design it. I'm assuming none of those points are really relevant.

Someone will apparently be out on Tuesday. Watch this space.

 

[securespark]

Has he got in touch because he received your letter?