Legal action from Builder

[Gwenfornow]

Looking for some guidance on how to resolve a dispute with a builder please.

Based in Scotland.

Had two large leaks in our roof. Builder quoted £4100 for the repair of both leaks. We accepted.

After work completed they invoiced us for the full amount.

However the main area continued to leak. The builder said they had completed works with no problem. We asked a friend to look and there was no evidence of repair. So we then asked another builder to look who stated the same and quoted £2600 to repair the remaining leak.

The original builder has now admitted that they had not been able to repair the main leak as when they had been on the roof it was apparent the work was more extensive than originally envisaged. At this point they offered a £450 reduction (ie invoice reduced to £3650). They based this reduction on the price of their materials originally quoted for.

We are not happy to pay this as we now have to pay for the main leak. We have offered £1500; ie taking the cost of the repair we need to do off the main invoice.

It’s becoming unpleasant and we can’t seem to get our point across to them. On Friday they mentioned taking legal action which of course we really want to avoid.

What is our legal position? How can we resolve this? Many thanks for any thoughts

They quoted to repair both leaks.
They claimed they fixed both leaks
They later admitted they had lied about that (please tell me they put that in a text or email!)
They then said they'd fix the leak they had quoted you for, failed to fix, lied about then admitted to not fixing, if you paid them more money.

And they want to take you to court?

I'd say go ahead.

They'll look ridiculous and it will be clear to the judge they ripped you off.

My apologies. They did not offer to do the work they'd lied about doing if you gave them more money!

Still, they will look like cowboys.

I would tell them to take you to court, get the other builder as a witness and say you are willing to pay for the work they actually did but they want you to pay for work they didn't do and that is unacceptable.

I'd personally try it back using their 'absolutist' tactics.

They want the full price. For a contract not fulfilled.

You're trying to compromise.

Tell them that if they're not prepared to compromise, then you'll go the whole hog, and when it gets to legal proceedings, argue that contract unfulfilled = no payment whatsoever.

Hopefully you have some legal cover on your home insurance, but I reckon it's unlikely they'll sue. They may take you to a small claims court (if they have that in scotland), worst case there is you may end up having to pay (but can represent yourself), more than likely, particularly if you can show you've made every effort to be reasonable (emails, phone records, receipts etc) they'll divide it exactly as you suggested unless there's a legal get out in the contract.

DOI, not a lawyer.

Had similar myself, also in Scotland. I just sent the builder and email saying I had already instructed my solicitor, contacted trading standards and had an independent assessor looking at his work and providing a report for TS too.

Funnily enough I didn’t hear anything from him again. Not a peep. Didn’t pay him a penny for labour.

Thank you.

Yes we have everything in emails. Including their unreasonable rude language. They are very difficult to deal with. To confirm, yes they originally said all work completed, then when presented with the evidence conceded (in writing) they hadn’t fixed the main leak. They have offered a price reduction but no other solution.

From what I understand Simple Procedures is the route they would need to take for this as it’s under £5k.

All they are entitled to is payment for the leak they fixed. If they try to take you to court for the rest, they won't get anywhere. And the fact you have evidence they claimed to have fixed the main leak but then admitted they hadn't touched it will thoroughly undermine them in court.

Yes. That seems reasonable. But given that the original quote has no break down of individual costs this I think will be difficult to agree on. They are saying the main leak is only a small leak and not a big problem which is how they are justifying the modest reduction to the invoice.

This is so unfair, but wouldn't going to court cost thousands more?

And even if you win, if they don't have enough money to pay your costs they won't, and it'll cost you much more to try to get that money back.

Could you try mediation first to try to come to an agreement?

I’d recommend giving this lot a call:

If you are a consumer based in Scotland this service is provided by the Scottish Government funded Advice Direct Scotland, a telephone and online consumer advice service, on 0808 164 6000.

Was it a quote or an estimate?

With a quote they have far less ability to argue than with an estimate.

Regardless, they didn't do what they were hired to do and they lied about it

And you have that in writing!

They're banking on the threat of court scaring you.

You need to say bring it on. I have the contract, evidence you lied, your admission you lied! Take me to court. Please. I'll be asking for the full cost of doing the work you pretended you'd done.

The thing that will go in your favour is they didn't start the work, realise the error and talk to you.

They lied and said they'd done the work.

That will not be seen positively by the judge!

It’s a quote that we had to accept in writing.
Court action does scare me to be honest. But they seem to be entrenched in their position so I’m not sure it will be avoidable, unless we relent.

Does the quote mention anything about fixing the leak?

There's nothing to be scared of. Courts are not monsters. You have a good case for a reasonable part payment and you will be able to show the court you offered that. Put with the fact the builder lied that they'd done the work and has been abusive and they will not look good in court!

I had a problem some years ago, not building work but they were shouting court and I said I think that is an excellent suggestion. I have (listed my evidence) and I agree that this is best resolved by a judge. Please proceed. Many thanks, best wishes, blah blah blah.

That would be... Well, it was before we moved into this house and we've been here over 15 years

I'm still waiting.

Worst case scenario they actually do go to court.

You go too. You provide all your evidence then you go on the date. Unless the judge is an absolute moron they won't rule in favour of someone who wants to be paid for work they didn't do. And lied about.

We had a bigger problem with our builders but they lied etc. and work was substandard. They wanted full payment and I refused. They took me to court and lost and then had to pay for repairs (which they did do). Don't be scared of court, the judge could see we were being very reasonable and the builder wasn't (he also lied to the judge which didn't go well...).

@NannaMcPhoo

Does the quote mention anything about fixing the leak?

The quote doesn’t specifically mention the leak, no. But the surrounding emails prior to work commencing are clear we are discussing a leak.

I agree with the previous posts - don't be afraid to go to court. My friend represented herself in a similar dispute with her landlord and won.

A contract works both ways. They were obliged to fix both leaks which they failed to do. Now you are having to pay to fix one of them, the cost of which you should be entitled to deduct from the £4100 quote.

Do you have the equivalent of the Fedaration of Master Builders in Scotland? I would include notice that you will be reporting them to that & Checkatrade if it is relevant. You need to make a timeliness of everything that has happened, include everything you have in writing & ask your new builder if he would be good enough to give you a report stating the state of your roof & that the repairs needed were not completed, ask them to take photographs if possible. Have you looked at getting a charge back through your bank for what you paid or if you used a credit card you are covered.

Builders are builders, not lawyers. They're probably just as scared by the thought of going to court as you are.