Defect to entire ground floor flooring - ZMZ Builders LTD

[Retribution1]

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

[honeybee13]

Hello, welcome to CAG.

 

Are these the people you're talking about?

 

ZMZ BUILDERS LTD overview - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

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ZMZ BUILDERS LTD - Free company information from Companies House including registered office address, filing history, accounts, annual return...

 

One thing to bear in mind is that he needs to be able to pay if you're succesful in court. The accounts don't look wonderful. I'm no expert, but my understanding is that a figure in brackets in accounts means it's a negative number. Do you know if he owns his own house?

 

Best, HB

[Retribution1]

Thanks Honeybee for your response.

 

1. Yes, this is the contractor who renovated my property.

 

2. My understanding is he rents the property he currently lives in.

 

3. His accounts don't totally add up; as I can prove I paid him six figures between April 2021 and December 2021. His accounts don't reflect this income.

 

4. I am also aware of a second larger project he was concurrently working on in the same area and his accounts do not reflect income from this period also.

 

5. What would be my best cause of action from here? Presumably, I could still bring the case to the small claims court, however, if successful and the judge awards in my favour; I won't be compensated? 

 

6. Would the contractor still receive a CCJ against them?

[honeybee13]

Did you pay by cheque or directly to his or the company's bank account?

 

Other people know more about this than I do, but if you go to small claims for under £10k and win, you would need to find sufficient assets of his in order to be paid.

 

Yes, he would still have a CCJ if you win and he doesn't pay.

 

As to whether he rents, you can check the ownership of where you think he lives - the address he gave to Companies House? - on the Land Registry for £3.

 

Who owns that property?

HMLANDREGISTRY.BLOG.GOV.UK

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News and updates from HM Land Registry

 

HB

 

[Retribution1]

I paid directly into his bank account.

 

Would a work van and personal car equate to sufficient funds?

 

Many thanks 

Mark

[honeybee13]

I suppose it depends on their value. Hopefully someone who knows more about this will be along to comment on that.

 

HB

[dx100uk]

Big mistake ever using bank transfer 

Totally removes all your protection in getting it back through the banking system 

 

A van is most probably needed for work and not worth your sum 

 

If it's his car, and you won, you could ask the court or the high court to appoint bailiff s who could seize the car, but you'd only get auction value 

 

Dx

[BazzaS]

Depends what you mean by “his car”.

 

if it is a ltd company, and you were suing the ltd company, if the car was a director’s personal asset : unlikely it could be seized.

 

if it was owned by the company - then, yes, it could be seized in the event of a CCJ against the company (but not if it was on finance or lease to the company, where it wasn’t actually owned by the company)

[stu007]

Hi

 

Further to honeybee13 post#2 and your concer about the Accounts have a wee look at this link:

 

Reporting misconduct by companies, directors and bankrupts to the Insolvency Service - GOV.UK

WWW.GOV.UK