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Builder issues

4 replies

EmmelineGoulden · 07/09/2012 14:50

I'm hoping for a quick pointer for a small but annoying situation we're in. Sorry the description is long, not sure how much is relevant. Have name changed as I'm about to rant about this to everyone who knows me and don't want to out myself.

We recently had some work done to our ceilings. The builder we engaged subcontracted the work to a third party plasterer (fancy cornices requiring specialist skills). I paid the builder a 40% deposit.

After a lot of back and forth and missed appointments due to the builder not the plasterers, the plastering was done, but poorly. I said I wasn't happy with it and the builder came to see what he could do - spent a day tryign to make it good but it was still wobbly. Said he'd get the plasterers to come back and redo and that he would be there to oversee at the start and end.

We tried to make appointments over a couple of months but the builder kept failing to respond saying whether he could make the date. Eventually I stopped even trying. The plasterers said they couldn't get him to respond to answer or return calls either.

I gave up. The ceiling isn't great, but it's OK for the amount of the 40% deposit. I figured we could leave it until such time as we need any more work doing to the ceilings and get it done properly by someone else then.

A couple more months went by and the plasterers called me asking to finish the job and me pay them directly. I was uneasy about this as they did a poor job the first time (and tried to fob me off that it was good), they only do the plastering bit, not the finishing off and painting after, and my contract is with the builder who I have paid a significant deposit to and I wasn't sure legally where I would stand if I went round him and paid money directly to the plasterers. Also, the extra they wanted plus the deposit I had paid was more than I had agreed with builder. I explained most of this (though there were some language difficulties so not sure he understood all I was saying). The plasterer was not happy and started talking about coming to "take his corners back" (which I think must be some physical bit of the cornice).

I tried one last ditch email to the builder who responded sounding all reasonable and like he was going to sort it but then failed to follow through.

The plasterers have now phoned me again and after some more discussion said they will be contacting their solicitor. My mantra was that both of us have contracts with the builder, not each other and we are both let down by him. They obviously aren't happy they've done work they aren't getting paid for that is sitting in somebody's (my) house. But I've paid out money, don't have my ceiling done properly and don't want to contract with them directly to fix it.

Does anyone know what my position is? Can trading standards help me or do I need to wait for their solicitor's letter and find a solicitor of my own, or should I really be taking proactive action against the builder (small claims?)?

The total contract was ~£700 so don't want to end up spending too much on legal fees to protect myself, but also can't afford to just shell out to make them go away.

OP posts:
Collaborate · 07/09/2012 15:30

Your contract is with the builder, not the plasterer. Don't let anyone in to your house, and get a reputable builder to quote for the cost of doing a decent job.

EmmelineGoulden · 07/09/2012 15:53

Thanks Collaborate, that's what I hoped. There's no chance they'd win if they brought a small claim then?

Any tips on getting a reputable builder for a small job? We're new to the area and used a local forum that seemed to get lots of traffic for recommendations, but two of the three tradesmen we've found through there have been shoddy (third is a gem though). The builder seemed good initially. He did another small job for us before this that went well, but this one has been a bit of a disaster.

OP posts:
prh47bridge · 07/09/2012 17:00

There is absolutely no chance of the plasterer making a successful claim against you.

EmmelineGoulden · 08/09/2012 08:18

Thanks prh.

OP posts:
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