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Help with Builder threatening legal action - court

54 replies

Chinacups · 07/12/2024 16:37

We have just finished a renovation project. We signed a contract with the builder and overall, the work was completed to a reasonable standard and is more or less finished. Some plumbing and decorating unfinished but the builder is refusing to complete them until we pay some extra charges - his final bill was £6,000 higher than expected.

He wants another £4,000 for plumbing but this is the first we've heard. Nothing was mentioned when they were doing the work. We've gone back and forth and talked face to face but he is adamant he did the work and we have to pay.

To give an example, the original quote for plumbing was around £18,000. It lists every single tap and drain and that was the quote we accepted and attached to the contract. The builder is now claiming extra costs for things like, running pipes from the radiator to the new tank, and connecting the (existing) boiler. We expected all the plumbing costs were included in the quote and our argument is all the extras he's now claiming for were always part of the project - we haven't made any changes. So why would he quote and not allow for jobs he would have known he had to do, like reconnecting the boiler?

Similar situation for the other £2,000 that he wants for fitting the kitchen. We think the cabinets were listed under a certain part of the quote and he's saying they were actually included in another part of the quote (for work we removed). It's a bit complicated but essentially we think he is trying it on. It's tricky to make a call on who has interpreted the quote incorrectly, but without giving more detail we think it's clear from the quote.

We offered to pay 50% of these extra charges a few weeks ago, because we haven't been able to agree and can't see how else to resolve it fairly. The builder refused that and is now threatening to take us to court.

In my response I want to point to the terms of our contract (any additional costs have to be agreed before the work is carried out) and to suggest professional mediation. What would you do in this situation?

OP posts:
BlueRaincoat1 · 07/12/2024 16:45

I would out my position on writing, you sound pretty clear on what you think so don't think you'd need legal alive at this stage.

I'd write down clearly

You have said we owe 6k for
1
2
3
Etc

In the contract at clause x it includes no.1 - quote the relevant bit.
And so forth with 2 and 3

Contract also says that no additional costs will be incurred without agreement at clause x, and we did not agree the extra 6k

We are keen to get the work finished and are otherwise happy with it and have paid the amount owed etc as per the contract.

If you don't agree with the explanation above can you please set out your position in writing so we can take advice.

Etc

MadnessIsMyMiddleName · 07/12/2024 16:43

If you're absolutely CERTAIN that the work he's done is shown as being part of the QUOTE, then let him take you to court OP, you have a contract and the Court will use that in their judgement.

However, are you sure it is a QUOTE, and not an ESTIMATE? If an estimate, it's different altogether. When we had an extension built a few years back, I ended up requesting a LOT of electrical sockets in the kitchen, the builder had allowed for a certain amount in his quote, and I hadn't realised that I'd actually asked for more than he'd priced for. He was very reasonable, when I told him that he should have informed me that I'd requested more than he'd quoted for, and agreed that he probably should, so in that instance we went 50/50.

IkeaJesusWept · 07/12/2024 16:42

If it’s all there in the contract I’d tell him I’d see him in court.

TwinklyRoseTurtle · 07/12/2024 16:40

Have you paid him any money? If you haven’t I would actually let him take you to small claims court as you have a written and I’m assuming signed contract with all the costs involved, I doubt he would win, but don’t pay him anything until going to court