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Possibly taking builder to court.

4 replies

Movinghouseatlast · 14/08/2020 16:58

We bought an outbuilding from a builder. The contract was for the complete package- bathroom, kitchen, the structure everything.

The builder has done an extremely poor job. Everything is poorly constructed, finished. For example the wood to make the doorway is untreated so will rot.

We had another builder who specialises in this type of structure round today and he just laughed at how badly it has been made. He said that in his opinion it would last a couple of years before water ingress got so bad it would not be liveable in.

We have paid 2/3 of the final cost. What we held back is not enough to make it fit for purpose.

The original builder left the job saying that he was unable to finish it and asked us to get someone else in to do i, which we did. This was stuff like putting a door on, fitting a water heater nothing to do with the finish.

We are seeing a solicitor next week but I am so worried that we won't get money we sue him for.

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prh47bridge · 14/08/2020 18:26

If you are claiming less than £10k this will be a small claim which means you will not be able to recover the cost of using a solicitor. The idea is that you should do it yourself.

If you contracted with a limited company you must sue the company, not the builder. Be aware that the builder could close the company down, in which case you will not get your money back. Even if you contracted with the builder direct there is no point pursuing him unless he will be able to pay.

Movinghouseatlast · 14/08/2020 19:45

Yes, we contracted with a limited company. So is it pointless trying then?

We paid part of it by American Express.

It seems so wrong that there is nothing we can do.

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prh47bridge · 14/08/2020 20:25

It depends. The builder may be reputable and pay up. But if he is in financial difficulties, he may close the business down in which case he won't be personally liable for anything.

If the complete contract was for less than £30k and you paid for part of it using an American Express credit card, American Express are jointly liable with the builder under Section 75 of the Consumer Credit Act. If this applies I would recommend chasing them for a refund rather than taking action against the builder.They must pay up even if the builder goes bankrupt.

Movinghouseatlast · 14/08/2020 21:07

Thank you I really appreciate your response. It was £17,200 and we paid £7000 on the credit card.

I think he is reputable, but this is a new business for him and the issue is actually capability.

He may of course sue us for non payment of the balance - £1800 wasn't paid and he has been quite bullish about wanting it.

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