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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Dangerous builder bodge what to do?

3 replies

SeeSection · 12/06/2021 02:36

Last year we hired a garden landscaper to landscape the garden and build DH an art studio in the garden. We had a six month old that didn’t sleep much so we were fairly crazy and tired.

I’m normally a sensible person who does her due diligence. The guy we chose seemed very confident and experienced with some really big projects under his belt and excellent check a trade reviews.

So much so that we gave him 11k to kick the project off, seemingly without a contract signed. I know. I know. I know.

Fast forward to today. Landscaping and build completed feb. Along the way I did raise a few quality issues I wasn’t that happy with and there were brexit supply delays. In the end I just wanted him gone. A few weeks after completion, I noticed the paint snd cladding seemed to be coming off. I asked him round to make an assessment of this and a few other issues. He agreed to do remedial work. I asked for a second opinion. The folks who came round were less concerned with the cladding and more concerned with the wood burner he suggested we install. The flue was passing through a tiny hole in the ply and they considered it extremely dangerous. Looking up I just felt the biggest idiot. We could have easily had a huge fire.

I challenged garden landscaper. He told me I was mad for thinking he could be a licensed installer for the price we paid (17k total). He didn’t apologise or feel the need to justify the bodge and we got into an argument.

I don’t want him to repair the work as it’s clear he has no idea what he is doing and doesn’t care how dangerous it is. I want him to pay for someone we trust to do the remedial and take out his toxic burner, fix the cladding and make good on the inside of the building. Aibu? Any advice from anyone.

I already know I am a fool on numerous fronts for being ripped off with no contract and handing over money etc so please don’t bully me. But as he could have killed us, what bargaining chips would you use?
Aibu- you are stuck with a dangerous building and should suck it up
Ainbu- despite your extreme stupidity you should aim to recover some money from him to put it right.

OP posts:
Mintjulia · 12/06/2021 04:03

Yanbu.

I think probably the best approach is to ask a trading standards or council building inspector to take a look. He certainly should not have installed a log burner without relevant qualifications. Without proper venting, a buildup of carbon monoxide can kill.
In the meantime, do not use the log burner.
I'm not sure how likely you are to get any money back without a contract. It would probably involve going to small claims court.

User52739 · 12/06/2021 04:18

I suspect you’re going to need a lawyer. There is always a danger in situations like thus that the loss you have suffered will constitute pure economic loss (i.e. loss which does not flow from damage to person or property) which is not recoverable in tort. If so, your only hope of recovery lies in claiming a breach of contract. Without a written contract that’s hard, but not impossible. A contract still exists between you, albeit unwritten.

There are very specific ‘remedies’ for breach of contract, one of which is damages.

billysboy · 12/06/2021 06:52

There is a trade body for log burners as installers who would be able to give you the correct and safe set up for your situation
Speak to them first so you know you are right in your information
List all of the other faults and write a letter giving the builder an opportunity to correct the faults send it recorded etc
Speak to citizens advice

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