Builders and shoddy workmanship - next steps?

[CatStoleMyChocolate]

I will caveat this by saying we do have legal cover on our house insurance and will be ringing them later this week but in the meantime I wondered if anyone had had experience of the following type of situation?

We had an extension built on our home, finished just over a year ago. Since then, we’ve had a string of issues - mainly related to one specific trade and all fairly low-level stuff but general shoddy workmanship. To the builders’ credit, they have sent their tradesperson out to look at said issues, albeit they have dragged their heels more and more. However, we are at the point where we just don’t trust their tradesperson to rectify issues.

But the final straw came last week when we had a different issue and it turns out the plans haven’t been followed. The independent tradesperson who identified this confirmed the materials used do not match those specified on the building control drawings, and this is likely causing the problem. To rectify will cost thousands.

As I said, we’ll take legal advice and are currently waiting for building control to get back to us. But I wondered if anyone else has been in a similar position where problems have come to light after completion of the build? And, if so, how was it rectified? From what I can find online, you have to give the builder the chance to rectify the issue within a reasonable time frame. But I don’t trust he is going to do this - given that he already had the chance to do the work properly and cut corners (I suspect the use of different materials was cost-cutting as it was never discussed).

Any advice or experiences would be welcome as I have just had enough and want to sit in a corner drinking wine and let an actual grown-up unpick this 😫

It sounds like you have already given the builder the chance to fix the work and he has failed to do so. If that is the case, your next step should be to get quotes to fix the work. You can then write a letter before action to the builder setting out what has happened, how much you want from him (the cost of fixing the work plus any other losses you have suffered) and how you have calculated it. Include copies of any documents you would rely on to prove your case (the quotes, any correspondence with the builder, etc.) and list any documents you want from him. Give him a reasonable deadline to respond (28 days is normal) and state that you expect to take legal action without further notice if he does not respond satisfactorily by the deadline. You are then in a position to proceed with a claim against him. If it is less than £10k, it would be a small claim and you should do it yourself rather than use a lawyer as you wouldn't be able to recover your legal fees from him.

Thank you - that’s helpful. Yes, we have given them the chance with some of the issues relating to the specific tradesperson (who I’ll call Tradesperson 1). The tradesperson has either not been able to solve all of them or has resolved them but not to our satisfaction.

However, the second more major issue where the plans haven’t been followed is completely separate and we have not yet approached the builder about it - mainly as we don’t want them to use their subcontractors (separate from Tradesperson 1) to rectify it, as either they or the subcontractors were responsible for using the wrong materials in the first place. And also because this is more serious. And we think building control should accept some responsibility here for not checking the plans were followed. We want to be confident it has been done properly and to use an independent tradesperson of our choice. But I’m assuming we need to give them the chance to rectify first?

My preference would be to set out in writing what the issue is, supported by evidence, and say we’re not happy with the standard of work or deviation from plans and want to recoup costs from them for rectifying - but I think they will push to do it themselves, won’t they?

@CatStoleMyChocolate What is wrong with the build? Building control is often a company with a contract now and they probably didn’t visit a small extension. They might if it’s complex. So what issue has been found? Usually it’s foundations and beams that are critical. So what is wrong?

Basically, the big issue is that the roof has started leaking. The roofer we had round has suggested re-routing a drainpipe to take the pressure off the roof (long story) but that the pitch is too shallow as they’ve used the wrong tiles so it might have to be re-done. They haven’t used the tiles specified in the building control drawings. This was not discussed with us.

Building control did visit several times and signed it off. They didn’t pick up on the issue and said the plans don’t have to be followed to the letter.

Obviously we will get a second opinion, and some legal advice. And we’ll do this before we approach the builder. But it feels like breach of contract to me if they’ve not followed the plans and not discussed it with us, and I don’t trust them.