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To charge builder for damage to possessions

(10 Posts)
Fuzzywuzzywasabear Sun 07-Aug-16 02:41:17

We recently had a lot of building work done which required us to leave the property for a period of 3 weeks while work was carried out. At the time we removed 80% of our personal belongings and furniture and stored them at a relatives however there were a number of bulky items that realistically were too big to move.

Builder says not a problem, we'd removed more than he was expecting and they would work around what was left moving between rooms etc. We also provided dust sheets as recommended by builder to wrap and protect the items left.

Come the time to move back in we discovered none of the furniture had been covered - builder denies all knowledge of dust sheets left- and all our furniture and fittings are covered in plaster.

We also noticed that some items have been damaged, one of these items is our bed, the frame has been completely bent and twisted and the headboard no longer sits straight at right angles to the Base.

AIBU to expect the builder to pay for this to be replaced?

We haven't yet paid the final balance as we have had on going issues with snags not being completed and certification not being provided, one of the tradesmen have turned out to be cowboys and work is having to be redone. I'm generally unhappy with the finish etc. And if it were up to me I wouldn't pay a penny more to the man!

The builder is a bully and swings between reasonable conversation and threatening us with legal action etc.

So are we entitled to replace damaged property at his expense? I'm not sure if my general bad opinion of this man is colouring my judgement. DH don't like to argue and thinks we should just pay the full balance owed but I think it's not fair for them to have promised to take care of our things and then damaged them out of what I believe to be pure laziness?

Pearlman Sun 07-Aug-16 07:56:27

Message withdrawn at poster's request.

ProfessorPreciseaBug Sun 07-Aug-16 08:00:39

The builder is trying to deny plaster on your furnature?

Keep your money. Get prices for every bit of damage and deduct it from any final settlement. As a builder he should be used to penalty clauses.

DoubleCarrick Sun 07-Aug-16 08:03:05

A reputable tradesman would rectify/replace without questions aske, either through his own pocket or insurance. Dh accidently got a splash of paint on a customers carpet once and went through insurance. A plumber last week accidently smashed a lamp of ours and immediately asked us how much and deducted that amount off the bill.

Unfortunately from my knowledge of dh working with builders, not all builders are reputable and will rip anyone off that they can. Dh worked for a builder last year who basically decided not to pay him despite the fact that we had to pay 7 weeks of wages for 8 men - we nearly lost the house still bitter about that as we are still financially recovering and had to rely on IL's for food parcels!

insancerre Sun 07-Aug-16 08:04:07

The builder needs to pay for the damage
We were in a similar position and we refused to pay the final payment until the damage had been paid for
We had a conservatory built and being a terrace house, the only access was through the garage where DH's fully restored 1963 Triumph votes we was housed
The contractors scraped a big scratch down the side as they went past with their wheelbarrow
The conservatory company took full responsibility and sent a specialist to repair the damage

Op, speak to them and suggest you reduce the balance owed by the amount needed to repair or replace your damaged belongings

Fuzzywuzzywasabear Sun 07-Aug-16 15:09:27

@professor he has an ability to deny many many things one of the toilets has a small leak which he tried to say was pva glue and then suggested it was was washing up liquid? It's wet to touch and has been for getting on 2 months hmm

I think we've maybe picked someone who isn't very good although came highly recommended what I've put is just the tip of the iceberg, he doesn't seem to have any insurance confused

Fuzzywuzzywasabear Sun 07-Aug-16 15:24:35

I did write him a letter detailing all the deductions we felt were necessary and why, dh gave it to him when he visited to review outstanding snags and he just left it on the side he didn't even read it properly.

I said we should post it to him at his business address but dh thinks that would cause problems and he'd start threatening us with legal action again sad

Foxyloxy1plus1 Sun 07-Aug-16 15:40:28

What did you have in writing? Sounds common sense, but if the dust sheets business wasn't in writing, he could deny that you told him about them.

The faults and snags should of course, be fixed. Is he coming back to do the outstanding ones or is that resolved? If he ignores the letter you gave him, you might have to send it to his address. Can the CAB advise?

Fuzzywuzzywasabear Sun 07-Aug-16 15:56:31

He stopped replying to text messages and wouldn't answer our calls he's only in touch now because he is taking legal action against the electrician and needed an independent report on the state of our electrics. The electrician said that he expects to be back to rectify the faults but we've had no confirmation from the builder.

When he has come back to rectify things the standard of work has been appalling slap dash and a lot of the time we could have done a better job ourselves!

We didn't have anything in writing about leaving our stuff, we weren't supposed to leave the plan was to live upstairs while the new part was built then move into the new and get the old part renovated, he managed to convince us (bully) to move out for 2 weeks which turned into 3 and would have gone on longer had I not put my foot down as I was 18 weeks pregnant at the time and doing a 2 hour commute to work in the morning which he knew before we moved out.

We were supposed to have a contact draw up by the company we used to do the plans but that never happened - that's a whole other story of being ripped off?!

Building work is a bloody mine field!!

HelenaDove Sun 07-Aug-16 23:20:50

Take some photos and put them on social media . Name and shame him and dont forget to mention on there that he isnt insured!

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