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Builder hasn't finished our extension

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xanderma | 13:59 Tue 09th Oct 2007 | Law
8 Answers
Long post, sorry...

Long story short-ish, we had an extension last year, started in Feb 06, finished Jul 06, then used same builder to replace our conservatory in Nov 06.

There are several snagging jobs still outstanding (back door lock is part-broken, conservatory leaks where it joins the house, box guttering in conservatory leaks, window in conservatory was cracked on installation, not been replaced yet, conservatory door not hung properly and door frame not actually fastened to anything). We see the builder regularly as he lives just around the corner. I regularly pester him about these jobs, and he always says "oops forgot, I'll call round next week blah blah".

We've been far too patient with him, but to be honest, he's a lovely guy with a nasty side only just below the surface - I don't want to get on that nasty side cos I'm a coward(!) so that's why it's run on for so long.

However, enough's enough now, so I want to ask this...I want to write to him, detailing exactly what we want done and give him a deadline. Anyone advise how I should word the letter - I want to say that if he doesn't complete within, say, 4 weeks, I'll get someone else in and bill him for the work, but should I save that for a later letter? And am I within my rights to say that (and to do it if it comes to it)?

I'm worried that he'll just do a shoddy job if I'm too confrontational. Also, I'm worried that if I do threaten to get someone else in, I'll not find anyone prepared to take the job on, so I'll be worse off than before.

Also, if it does get to the point where I've paid someone else to do the work, how will I get the money back from him? Small claims Court?

Any help would be much appreciated, I've been too nice for too long, no more Mrs Nice Guy!
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i know this isnt going to be helpful to you, but hopefully helpful to others...

I great example of why you should get a reputable firm in, and if your proper clued up, get them to sign a contract tieing them to the contract...

If you do get a job done by a local builder, make sure you get references, and CHECK THEM OUT....

And if you are extremly lucky, you could even find out if you can view some of there work....

you have to be so careful with cowboys.... because, its their intimidation that they are so skilled at, not there construction skills.....
ring your local consumer direct/ trading standards, they'll be able to tell you exactly what to do and what the best way forward is
Question Author
eyebrows, we did sign a contract and we did take up references and check them up - we even visited one of the houses he'd recently worked on and looked at the work. I wouldn't call our builder a cowboy as such, as the rest of the work is spot-on - it's just these last few snags that are so annoying. So while I do apprecate your point, and agree completely that there are so many cowboys out there, I have to say even checking is not always foolproof.

danchip, thanks, I hadn't thought of TS, I'll give them a call for some advice.
OK, so you did the first bit right - checking out the quality of your tradesmen by looking at his work and asking other customers, you may have failed the second bit - don't pay all the money until the job is done. There's nothing like a retention of �500 or so to focus the mind of a builder who'se well into his next job by then. If he's got the money he was expected, coming back is just a pain in the arris.
You should try the tack you propose - write a letter stating what is wrong and giving a reasonable time - 4 weeks is fine. Then do as you propose by bringing another builder in. You would then have to use the Small Claims Court process to get it back. Is he a Limited Company - might make it harder. I think TS will suggest the same. Good luck.
You should employ a Chartered Surveyor to examine the works and prepare an Expert Witness Report for Judicial Proceedings. You should contact the RICS who will tell you who is on their Expert Witness panel in your area

Royal Institution of Chartered Surveyors
12 Great George Street
Parliament Square
London
SW1P 3AD
UK
T +44 (0)870 333 1600
F +44 (0)20 7 334 3811
[email protected]

The cleanest way then is to ask the Surveyor to value each item, then write to the builder giving four weeks to rectify the defects to the satisfaction of the Surveyor and stating that Proceedings will be issued immediately upon the expiry of the four weeks for the value of all items + costs + interest that he has not done or are still not satisfactory. If it is under �5000 then the Small Claims Court. You can then employ someone else to do what is left or spend your winnings on something else !!
Question Author
Thanks for some excellent advice. I feel happier to know just what I can and can't do now.

I'm not sure if he's a limited company, he was talking about "going limited" (not sure of the phraseology!) when he started the job, but I'm not sure if he did - how can I find out?

I did actually withhold the last �400 of the job, but then he said we could write that off anyway as compensation for the inconvenience he has caused us!! I don't think he's a bad guy, he just comes across as mega-disorganised, but that doesn't fix our leaky roof! I've tried to do everything right, and still got my fingers burnt - not sure what the lesson is there!

Thanks again.
The lesson that you have learnt is that the building industry is composed of 90% ignorant incompetent uncouth fools 5% crafty twisters and 5% downright criminals and that only the very naive would attempt to deal with that lot without the guidance of an experienced construction professional. The limited company is a red-herring - it is the name that you entered into a contract with that you pursue.
MustafaTickl - why would you bother dealing with a surveyor if 90% were ignorant incompetent uncouth fools 5% crafty twisters and 5% downright criminals....

you cant give a name to everyone, and in fact i say that the bad once are about 2-5% IF that!

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