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Builder problems

(51 Posts)
slithytove Sat 13-Dec-14 15:37:55

Reposted for traffic

Lots of issues but I'll try to keep it short.

New kitchen installed due to finish 21 November.

Wasn't. Still needed snagging (damaged door, missing handle, hole in outside wall), painting, and splashback installing.

Many, many emails got most of this done. He became difficult to get hold of. Hole has not been fixed. Splashbacks were done today.

I wasn't there for the splashback installation. They are vile. Dark grey in a cream and brown kitchen. I emailed to complain and mentioned my other issues too.

He called, and said the job is complete and high standard. He said the hole in the wall is my issue to fix at my cost, as it is because of a waste disposal installation which was not on the original quote. It was however on the final quote.

He says the splashbacks are what we ordered. We ordered frosted. Sadly this was done verbally.

He while on the phone threatened to come round my house to discuss it.

I have still to pay over £1k and he wants it within 7 days. I said he could have until end of jan to make good the issues (replace splashback and repair hole) or I would get someone else to do it and deduct the cost from what I owe him.

Can I do this?
Can he take me to court?
What should I do? I've got 2 kids under 2 and am on maternity leave so at home a lot, this has scared and upset me.

I'm going to ask trading standards as well, but any advice would be so appreciated. Thanks in advance.

slithytove Sat 13-Dec-14 15:38:47

Also we haven't received our certificates yet

slithytove Sat 13-Dec-14 16:17:02

Bump, really need help please

Fairenuff Sat 13-Dec-14 16:20:17

He while on the phone threatened to come round my house to discuss it.

What do you mean 'threatened'? It's seems reasonable for him to come to your house so you can show him the final quote paperwork and the jobs that have not been done/done wrong.

slithytove Sat 13-Dec-14 17:18:00

He has the final quote paperwork and had seen the issue today.

He said on voicemail "if you don't phone me within 30 minutes to sort this I will be banging on your door to discuss it".

This was after shouting down the phone at me.

PinkOboe Sat 13-Dec-14 17:25:50

Who ordered the splash backs?

slithytove Sat 13-Dec-14 17:26:41

Builder ordered all materials.
Splashback only ordered last week despite project end date of nov 21st

Cauliflowersneeze1 Sat 13-Dec-14 18:31:08

Of course he can take you to court but equally you can take him to court

Have you anything in writing regarding the colour of the splash back or waste disposal ?

slithytove Sat 13-Dec-14 18:36:09

No, wrt the splashback but neither does he. Husbands word against his sadly.

The waste disposal is on the final quote - is it not standard that if he can't use the existing waste pipe and hole, he needs to find the solution rather than charging me more? Once final quote agreed I mean?

He is now trying to charge me £120 for "additional electrical work". His electrician (on a day rate) removed a faulty light rather than replacing the wiring.

slithytove Sat 13-Dec-14 18:36:52

I have nothing to take him to court over as I still have his final payment.

slithytove Sat 13-Dec-14 18:38:35

I should have been more specific. Can he take me to court for not paying within 7 days?

I'm not happy paying until I have had this work completed.

HappyGoLuckyGirl Sat 13-Dec-14 18:41:15

Do you have a contract?

slithytove Sat 13-Dec-14 18:42:09

I was told the quote forms the contract. What are you referring to that I should have?

Cauliflowersneeze1 Sat 13-Dec-14 20:00:40

Can I just ask was it a quote or an estimate ?

No he won't take you to court for not paying in 7 days , he's trying it on

He should show the courts that he has tried to rectify the matter , different matter if you refuse to have him back

How is the rest of his work ?

caroldecker Sat 13-Dec-14 20:14:27

Basically, he can file a claim with the court (via the small claims process) that you have not paid him. You would respond to the court that the work is unfinished. A meeting with you, him and a judge would take place to go over your and his evidence. The judge would decide the next course of action, ie you pay him everything, he completes work and you pay, you get someone else to complete and deduct from payment to him.

slithytove Sat 13-Dec-14 20:36:34

There have been a few issues with me finding the problems rather than them telling me, e.g. A crack in the dishwasher door. He is also terrible for time keeping and appointments. However I love the kitchen hence why I want them to resolve this. Nor do I have the time to be chasing other traders for quotes if I'm honest.

It's a quote with a fixed price.

Carol, if that is the case, it sounds good!

What do you all think - he had to replace the existing waste pipe as it wouldn't fit the waste disposal. The waste disposal was included on the final quote. Using a new pipe meant a new hole, which left a hole where the old waste pipe was. This hole is from my under sink cupboard to the outside of the house. I maintain this is his issue to correct. Do you agree? This is a bit of a bone of convention right now.

slithytove Sat 13-Dec-14 20:38:00

Or contention!

Incidentally, if he chooses to go down small claims, I will be able (probably) to get these small jobs done before it hits court, meaning he will be chasing me for only the cost of those small jobs.

Though I've just found out that replacing a glued on glass splashback panel is not all that simple sad

elephantspoo Sat 13-Dec-14 20:47:45

First off, conduct business in writing with his business address.
List your complaints, specifically.
Do not use emotive language. You do not feel this, or feel that. You consider this unacceptable. You consider that to be of an insufficient finish.
Let him take you to court. He is unlikely to go to court for £1000, and if he does, you can always settle on the court steps and he'll have wasted his cour fees. By putting your complaints in writing you have formally notified him of dispute.
Photograph the works and what you consider to be unsatisfactory.
Make a list of defects.

If there is an implied threat in his manner, then the reply is,"I'm sorry, is that an implied threat? Are you threatening me, because if you are you are I will have to inform the Police." After which point if he doesn not back down or becomes aggressive, you formally notify him in writing that he his manner is aggressinve and threatening, and that you can clearly see that the dispute over workmanship has crystallised, and that you will be withholding the balance and seeking others to complete the making good of defects. You will then deduct that amount from monies owed and settle the account in due course.

Send letters recorded.

Cauliflowersneeze1 Sat 13-Dec-14 20:49:18

of course filling up the hole is his responsibility , Jesus , you could have mice coming in

My glass splash back wasn't that expensive so I think he is cutting off his nose to spite his face

Try ringing an independent glass work company and get a quote

elephantspoo Sat 13-Dec-14 20:50:23

Leaving a hole into someone's house is never acceptable, and quoting for a replacement should always anticipate the need to make good. If he wanted more at the time, he should have said. It's not rocket science.

slithytove Sat 13-Dec-14 21:09:28

I have conducted everything via email and will continue to do so.

I will make the list and take photos, thanks for the advice.

I actually did call 101 earlier who listened to his voicemail and said it was threatening and aggressive, so I have an incident number just in case he does turn up.

At the moment I've said he can have till jan end to make good (cos he is very busy until then), for full payment, at which point if he hasn't, I'll get quotes and proceed with work. Once done I would refund the balance.

I'm also waiting to hear from trading standards.

Does anyone know if I'm required to receive my gas safety certificates too before the job is classed as completed?

All response are much appreciated, thank you

slithytove Sat 13-Dec-14 21:12:19

Apparently cos it's glued on, it will need breaking off and then replastering and painting underneath, which is where the cost and hassle comes in. Maybe why he doesn't want to do it?

If I do have to do it myself, I'm not devastated as I'm hopefully getting a new bathroom next March, (different company!) and will ask them to include it in the quote, and just get tiles.

momieplum Sat 13-Dec-14 21:43:59

I am going to say something a bit different here. I am not sure he is responsible for either the hole or the splashback. Re the hole, the quote didn't say make good the old hole and the quote was otherwise detailed, it might not be included, in fact. Frosted glass can look grey so it looks like what you were after was in fact cream tinted glass? Are you sure what is there isn't frosted grey?

The voicemails sound dreadful and probably illegal as they are threatening. If it was me, I would pay the 1000 and draw a line in the sand, because I would be worried about my DC being affected otherwise. Sometimes who is right and who isn't right doesn't matter. Peace of mind does. Choose your battles.

If you want to battle ahead, I would only withhold the actual amount it will cost to put right what you think he should put right, not the whole 1000.

You could paint the splash back in the meantime.

slithytove Sat 13-Dec-14 22:05:51

The quote didn't say he wouldn't be able to use the old pipe though. Surely upon discovering this he should have discussed this with me so I could know how much extra it would cost? Or reject the waste disposal?

He has confirmed it is matt grey, not clear frosted.

Good idea about painting it, I will look into that.

I'm not paying the £1200 (plus he now wants £120 for removing a light fitting too) and also paying to correct these issues.

I would only withhold the amount it will cost to put right of course, but I have to find out how much that is first. Which ATM I've told him I won't do until end of jan so he has a chance to do the work. Did I not make that clear?

Thank you for your response.

momieplum Sat 13-Dec-14 22:14:39

You did make that clear, but from the sound of it he wants to be paid now and thinks he should be.

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