Good Evening all,
I’m hoping for some advice……. Please bare with me as I detail our tale of woe…..
We hired a builder earlier this year based upon local recommendations. Our project was a single storey extension, remodel of part of our house, new bathroom, landscaping of the rear garden and the addition of a new driveway. In total we were quoted 90k, which we accepted. The quote was provided after a number of meetings with the builder and him being supplied with copies of all plans and structural drawings.
Works began back in April 2022, with our builder giving us an initial time scale of 10-12 weeks to complete the project with his team. He is a sole trader, but sub contracts to other trades, all of whom he was managing.
We had agreed a payment plan that consisted of a 15% deposit (13.5k) and then weekly payments of 3k every Friday for the first 8 weeks. Due to a large number of structural elements and the requirement for the implementation of steel beams etc, we were told this money would be used for materials and machinery. The rest of the payments were to be made as stages of the project were completed.
For the first couple of weeks, things were fine, progress appeared to be being made quickly. Then the builder began making excuses as to why he couldn’t be on site. Injuries, family bereavements, illnesses, all sorts. He would appear on occasion for a brief period of time before making excuses and leaving. He continued to demand the weekly payments. When challenged about his attendance and commitment to our project, we were provided with written reassurances and promises that the works would be caught up. We continued to make the payments as per our agreed contract.
The issues continued for a number of weeks. He began demanding payment for stages of the build he had not completed and when challenged became aggressive and threatening. This led to me asking him not to return to site until I had sought advice about where we stood.
I received advice that stated before taking any further action, we should formally make him aware of our concerns around his behaviour, lack of attendance and lack of progress on our project. We did so by meeting with him with and an independent person and following this meeting sent him a formal letter highlighting and confirming what had been discussed.
We received messages of apology and a new schedule of works, that we agreed too.
There was some progress, albeit slow in the two weeks that followed and a number of stage payments were made.
However, he quickly fell behind the schedule he had provided us and began making excuses again, not attending site but still demanding money. Further injuries and illnesses, more bereavements, you name it.
I then began to have some concerns about the quality of his work, things were being done and materials being used that didn’t match those on the plans or structural drawings.
I sought advice and also requested the building inspector attend. Throughout the build, we had been informed by the builder that elements had been passed by the inspector, footings, floorings, pipework that sort of thing. This turns out not to be the case. I arranged for the inspector to attend to discuss and following this He has compiled a report and a number of the works done so far do not meet regulations and require rectifying.
the builder has been challenged on this, and his response has been so threatening that a criminal investigation has been recorded.
I have also had a report from our structural engineer who has highlighted a number of areas for concern.
I have had a quantitive survey conducted and the value of works is around 25k. We have so far paid him 55k. There is then the cost of the rectifying works to consider.
I have a significant amount of evidence in the form of emails/messages/letters etc, but wanted to understand what the best course of action would now be to try and reclaim the monies we have overpaid?
Our house is currently not watertight nor completely secure.
I have researched and read documents/websites online until I’ve become blue in the face. At this stage, I don’t wish to start instructing a solicitor as I’m aware that could become expensive very quickly.
I’ve read that I should look at mediation services, CCJ’s, debt recovery and a number of other options.
I was hoping that someone would be able to signpost me on the best course of action moving forward to resolve?
Thanks in advance.
NotHappyWithMyBuilder