Mortitia Posted April 30, 2012 Report Share Posted April 30, 2012 Hi all, can I have your opinions on how to handle this one please? Last summer got a very local builder who has done work for me before (once) reasonably to re-point a dwarf wall to front garden and supply and fit wooden gate to new brick built piers. Job quoted verbally at £1660 to include gate. Builder starts job or rather gets his labourer to start but they failed to build the piers strong enough and weight of gate cracked piers. Builder then tries to insert re-enforcment with heilical bars and as that did not work got steel supports made, had to take down piers, insert supports and re-build. For some insane reason he thinks he can charge me for this on top of price. I paid him £2000 to include more works as denoted below. To make matters worse I asked him to re-instate a path and do some repair to the block drive ( taking 4 X 60cm dips out ) as an extra. No price quoted though I asked him 5 times. Turned up at property to find he had taken half the drive up! Result was him asking for another £3808 as he suddenly decided he had gone on 'day rate' without asking me. I gave him cheque for £950 in full and final settlement which he cashed promptly then started asking for more which I refused. Upshot is he started a small claims court case. Just come out of 15 minute hearing with District Judge whereby he spent 10 mins telling us to negotiate. I am not negotiating. The drive work was no where near perfect and now got 'wave' in middle so am thinking of making a counter claim to get some of my £950 back for rubbish work. Any ideas? Neither of us has legal representation. Mortitia Link to comment Share on other sites More sharing options...
Richlist Posted April 30, 2012 Report Share Posted April 30, 2012 I'm a great believer in putting everything in writing. That way there is proof of the work requested, the price agreed and the specification relating to the work. A written quotation from the contractor detailing this is sufficient proof of the work as agreed. Without written proof its anybodys guess of the final outcome in court. Any ideas? Learn from the experience and put a better process in place next time. Link to comment Share on other sites More sharing options...
Grampa Posted April 30, 2012 Report Share Posted April 30, 2012 You could get a proffessional report from a surveyor for an assessment on the works done and if it confirms your opinion on bad workmanship it will go a long way to help your case in front of a judge. If you win you should get the cost of it awarded as well. Link to comment Share on other sites More sharing options...
Mortitia Posted April 30, 2012 Author Report Share Posted April 30, 2012 Thanks for that Grampa - I was considering that option. Richlist - hindsight is a wonderful thing and this just shows you cannot take you eye off the ba******s for a minute. Having calmed down I see 3 options:- 1. Do nothing and make him prove that he did not cash my chq in full and final settlement as per my accompanying letter. 2. Make a counterclaim for shoddy workmanship with surveyor report as suggested by Grampa. 3. Try and get a solicitor on no win, no fee basis. Any more comment welcome...... Mortitia Link to comment Share on other sites More sharing options...
LLAW96 Posted April 30, 2012 Report Share Posted April 30, 2012 Take it from a solicitor with 25 years landlord and tenant/housing experience you are not going to get one of us to take it on as a no win no fee. Although maybe not of much use to you now where you have part performance then consider the use of Pinnels Case (google it) you would not be in the position you are in now if you paid £950 plus a first class stamp. Are you bringing a counterclaim? Have you pleaded the supply of goods and services act reasonable price, reasonble skill, reasonable time? You are dealing with a small claim case here, the only costs being recovered being the issue fee, allocation fee and hearing fee how much time and effort do you want to expend. For claims like this there should be a court mediation service. Link to comment Share on other sites More sharing options...
Mortitia Posted May 1, 2012 Author Report Share Posted May 1, 2012 Thanks Law, I read up on Pinnel's case but don't see the relevance of the 1st class stamp. I did send the chq to the building 1st class with covering letter if that is relevant. I have pleaded supply of goods and services act, reasonable skill and time + price should have been in line with previous works of wall/gate (under guidance from Trading Standards) but judge seemed intent on making us negotiate and at that point I had to interject forcibly to say I was not happy with the driveway work and I how could I now counterclaim. Judge told me. There is a reason why I don't want to even look at builder let alone speak to him not mentioned previously. When incident 1st occurred I invited him to my home to negotiate. Builder turned up either on drugs or drink - could not work out which and went into a rant and even said it was his house and if I got a different person to quote for the work he would 'get my boys round and you will regret it'. At that point I realised there was something terribly wrong and chucked him out. Later reported it to police and got incident number. He got a visit. All this was in my answer so the judge was aware. He just banged on about us wasting court time when the hearing was to' reduce the main issues'. Maybe I do need to counterclaim to make my point and surveyors report will be the way forward. Mortitia Builder has now spent around £350 getting this far on court fees - you'd think he would give in. It has cost me zero. Link to comment Share on other sites More sharing options...
Chestnut Posted May 4, 2012 Report Share Posted May 4, 2012 Mortitia, Some 'local' builders are quite reluctant to give written quotes, prefering to charge what it takes. Although paperwork is the right and proper way, obtaining it is not that easy. If it’s any help I think you should offer an amount to cover all supplied materials in situ for the work (i.e. now yours) plus his original labour quoted for gate, but not any extra labour for his rectifications. For the drive, the supplied materials in situ only, no labour for shoddy stuff! Do your own costing with independent help as necessary. If this total is a bit more than you have already paid you may have something with which to negotiate. (This may be what you have done already.) Do you have his itemised statement of requested total? If not, I would ask him for this. Then if satisfactory items above come to more than you've paid, offer the difference in settlement. If he still won't settle you could pay his total ‘under protest’ (written on the cheque - advice I have had before), with a covering letter stating you intend to sue him (from your now 'moral high ground') for his difference, plus your costs of any further rectification by others, and your legal costs. Or alternatively if he's gone quiet, put it behind you and move on! Link to comment Share on other sites More sharing options...
Mortitia Posted May 4, 2012 Author Report Share Posted May 4, 2012 Hi Chestnut, This guy had worked for me before, price given and all was well. I did request an itemised total this time and he turned up with a sheet of lined A4 with a jumble of writing and in red in the middle was the big price. I noted his going on day rate (unannounced)at the bottom. At my door he said 'Just write me a chq for that figure'- pointing to the one in red. As if!! I got another guy I use to estimate the materials and they were about £250 tops but problem builder was trying to add on the gate pillar work that went wrong and that should not be charged for. He messed up and should bear the cost. I paid what I thought was right - £950 in full and final settlement and he cashed the chq. Anyway have now decided to counterclaim and have surveyor coming on the 11th who specialises in this sort of thing - cost £400+vat which I am hoping to get back at court. Personally I think builder is arrogant beyond belief and so far up his own a*s* that he will not negotiate. He seemed very pally with the judge at court and I am hoping they do not belong the the same club if you get my meaning. Mortitia Link to comment Share on other sites More sharing options...
LLAW96 Posted May 4, 2012 Report Share Posted May 4, 2012 small claim you are not getting back your expert fee, have you checked to see if you need permission to rely on the surveyors report? Link to comment Share on other sites More sharing options...
Grampa Posted May 4, 2012 Report Share Posted May 4, 2012 Mortitia Dont know if this helps you or not The Law – ‘Full and final settlement’ http://www.voltimum.co.uk/news/2312/cm/the-law----full-and-final-settlement-.html I have also sent you a private message Link to comment Share on other sites More sharing options...
Mortitia Posted May 5, 2012 Author Report Share Posted May 5, 2012 Thank you Law -will check with the court about using a surveyors report but in my original answers to the questions on the papers it did ask if I would be using expert witness statements and how many and would expert witnesses appear. I said 1 statement at the time as a neighbour who is a structural engineer did speak with builder and advised him for free on what to do to get over gate pier problem. He has agreed to write a statement for me. Surveyor would be a 'pay for' extra but cheaper than paying whole bill. Grampa - thanks for that link and PM - very informative and good examples. I will definitely try not to get into this one ever again Mortitia Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.