Builder threatening legal action

[Ffsxmillion]

Morning all,

I could really do with some pointers. We hired a builder to do some work on our house, they screwed some stuff up so we withheld some money at the end until it was corrected. I believe the amount withheld wouldn’t actually cover the cost of completing the works and correcting their mistakes.

Anyway they still seem to be demanding payment and threatening legal action and bankruptcy orders etc.

It doesn’t seem right they can do this when there is a dispute? I’d go to court as I think we have strong grounds but it seems a bit unfair.

I’ve no idea how much my legal fees would be but I doubt I’d be success in reclaiming the money back from the builders.

Can anyone help? It’s stressing us out so much.

Did you give them a chance to rectify their mistake? How much money is it? Surely it would be small claims court it wouldn’t result in bankruptcy

Yes we gave them plenty of time rectify the mistakes but they always wanted the money first which we were not prepared to do due to their dishonesty. Around £20,000.

Sorry just to clarify, you say you withheld money ‘until it was corrected‘ - but they haven’t actually corrected it yet?

Do they belong to a Trade association that you could ask to intervene?

What does your contract say about retention? That’s what it all comes down to b

Yes that’s right. They never rectified the work and now won’t come back to do it. So when they started demanding the final payment which was for the whole contract I told them they needed to complete the job first.

I can try to suggest a trade association.

Re retentions. They haven’t completed the contract and we are left to correct their mistakes.

What were the terms of the agreemt that you used to withhold the money?
I'd quote those back to them

www.mybuilder.com/questions/v/6363/kitchen-renovation-not-done-to-high-standard

@AlisonDonut payments are done in stages and the stages haven’t been completed. We aren’t talking small issues, they ordered the wrong rear doors in the wrong colour and we are left with a kitchen that doesn’t fit, there are plenty of other issues such as leaks and electrical issues we had to pay to get corrected as they wouldn’t come out.

They won’t be able to use the quick debt claim/bankruptcy routes if there is a legitimate dispute over the bill. They’ll have to bring a court claim and show the work’s been done properly and your retention is a breach. Which it sounds like they would struggle with?

So I suspect they are bluffing. Just in case though - you will need to watch out for any legal letters/ notices and make sure you respond.

Sorry it sounds very stressful.

So quite the terms in the agreement. At them, not me. I'm not the one trying to sue you.

@IdiotCreatures I’d be happy to do that as I’ve had quotes and it will cost more than the final payment so I’m confident.

Thanks everyone ❤️

They sound like cowboys- I’d keep all communication in writing and stick to your guns- as long as you’ve paid for all materials you have possession of and have allowed them a chance to resolve the issues I doubt they can do anything