1. I contracted ZMZ Builders LTD to renovate my house and works commenced on 19/04/21.
2. Included in the renovation costs (not broken down) was the cost of labour to fit the new flooring. The client would pay for the materials.
3. A self-levelling compound was laid over concrete in the extension and over plywood in the kitchen, utility, hallway and living room by ZMZ Builders LTD.
4. The contractor contacted me by telephone on 20/09/21 and informed me the self-levelling compound (product: Dunlop LX360) ‘’had not set’’ and would have to be removed and reapplied. The contractor sent me pictures of the affected areas via WhatsApp.
5. I contacted Dunlop customer services on 20/09/21; and they were able to send a specialist (Mr Andy Oates) to the property to inspect the installation of the self-levelling compound (product: Dunlop LX360). Mr Oates explained to the contractor that the product: Dunlop LX360 was the wrong product for the job and should not have been installed over plywood. In addition, Mr Oates stated ''too much water had been added to the product''.
6. I was then charged for the additional materials required to relay the self-levelling compound (General Purpose Plywood £117.92 incl. VAT x16 sheets & Bostik Cempolatex Fibreflex Levelling Compound 25kg £627.55 in VAT x25), Total: £745.47.
7. A Luxury Vinyl Flooring was installed on top of the self-levelling compound (Bostik Cempolatex Fibreflex).
9. In December 2021, I started to notice that the Luxury Vinyl Flooring was lifting and buckling in the kitchen area by the door; in the living room by the door; and by the main front door.
10. I contacted the contractor in December and informed him that the flooring was lifting/buckling in the above-mentioned areas.
11. The contractor visited the property on 22/12/21. I had a friend over (Mr Hiren Badea) who was visiting at the time. The contractor assessed the areas of flooring and agreed it was lifting/buckling. He stated he would come back in January 2022 to repair the flooring.
12. Following several calls and WhatsApp messages to agree a day for the contractor to repair the flooring; the contractor sent me a message via WhatsApp on 21/01/22 stating: ‘’I should use the retention monies of £5,250 to get the outstanding and defective works addressed. If I want to take it further through the legal process, then it's my choice’’.
13. As there are outstanding works to complete in addition to the defective flooring the retention funds of £5,250 will not cover the full cost to remedy the defective flooring.
14. I attempted to get the flooring repaired by the front door by and independent repairer on 06/07/22 (cost of material £91 + labour £450 = total £541). The flooring has failed again and starting to lift & buckle.
15. I have been advised by several floor fitters that my only option is to lift all the flooring on the ground floor, remove the existing self-levelling compound and plywood and start again.
16. I have obtained two quotes to remedy the defective flooring/work.
Option 1: £8,084.04
Option 2: £8,038.59
My preference would be option 2: £8,038.59
Would I have sufficient grounds to take ZMZ Builders LTD to small claims court to recover the full money required to replace the defective flooring?
I would also seek to recover costs for the following:
Additional materials used by ZMZ Builders LTD: £745.47
Cost of repair by the front door: £541
Associated court fees: £455
Interest at 8%
I have drafted a pre-litigation letter which I intend to submit to ZMZ Builders LTD advising of my intentions to retrieve costs of £8,038.59.
Your advice would be greatly appreciated on this matter.
Regards
Mark
