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Original poster

Do I pay this builder or not?

14 replies

AngryandCross · 19/10/2010 20:05

I owe my builder £350

The ripped out and refitted a bathroom.

They started the work 2 weeks late (not their fault, apparently)

They flooded my house (not their fault, apparently), causing the room below to have stained walls and ceiling which now also has mould on it. They said they'd paint it as a gesture of goodwill, but have not.

They scratched the brand new bath, hung the door so it would not close (they said it was like that before they came - it was not), broke the connection to the extractor fan that they screwed to the wall (they said it is a faulty fan and that they didn't touch it - it is not - the screwed it to the ceiling) and there are a couple of other minor things that really should be sorted.

I paid over £2500 and still owe £350 which I said I'd pay when they'd finished these last few bits. They say I am in breach of contract and that they'll take legal action if I don't pay within 7 days. I say they haven't finished the job.

I have complained to checktrade.

What do I do?

OP posts:
Original poster
AngryandCross · 19/10/2010 20:07

To be clear - I don't want to withold money unfairly, I just wanted my bathroom to be finished properly.

I asked them to come and sort out the few things they agreed to sort (door, fan, room below) and they will only come when I am not home. I am unwilling to leave them the keys so they can do the work while I am out, which is what they have requested)

OP posts:
whomovedmychocolate · 19/10/2010 20:07

Tell them you will be delighted to pay the bill once they have made good on all the damage and replaced the bath.

MadameCastafiore · 19/10/2010 20:10

Get a quote for all of the stuff to be fixed by someone else and then tell them you will get the other company to do it unless they come round and fix what they fucked up and then take them to the small claims court for what you have had to pay the other guys.

Original poster
AngryandCross · 19/10/2010 20:14

Can I really do that? Are they calling my bluff by threatening legal action? Or are they within their rights? They've scared me a bit.

I actually don't want them to fix anything any more. I don't want to be on my own in the house with them. My electrician came and sorted the fan and a carpenter friend has done the door so I don't need them to fix that. I am just hacked off that they want me to pay for a job they haven't completed.

I've had plumbers, electricians and other builders in my house and they've all been fab and have come back to fix glitches without question.

OP posts:
Original poster
AngryandCross · 19/10/2010 20:15

And I've paid the plumbers/ electricians the full amount because they did their jobs. And were nice.

OP posts:
MadameCastafiore · 19/10/2010 20:17

Well get a tradesman to give you a quote for the job to be finished properly - get the guys who have fixed the stuff to invoice you and then send them the invoices with the quotes for the stuff yet fixed and tell them that you have lodged copies with your solicitor and he is dealing with it.

They are threatening legal action because they want their money and thinks saying legal action will scare them into paying - I woould pursue them through the small claims court anyway unless they come and sort the stuff out - get a friend to be in the house with you.

Original poster
AngryandCross · 19/10/2010 20:32

Thanks.

I suspect he has been contacted by checkatrade which is why he is now stroppy. But I do have 3 emails that I've sent asking him nicely to come and finish the job so I can pay him. I just really don't want to get into a legal thing with him. I'd rather just pay.

OP posts:
Sufi · 19/10/2010 20:39

Don't pay, he is bluffing. Like others have said, get quotes for the work that needed doing, be able to prove the work was unfinished, ensure you have a record of you trying to contact him to sort out a date to finish the work and then pay (which you have in the form of your 3 emails) & be prepared to go to the small claims court.

This happened to a friend of mine (almost exactly). Hwer builder took her to small claims for non-payment but because she had a record of everything and could prove she a) tried to sort it out and b) had to pay someone else to finish the job, the judge not only rejected the builder's claim but made HIM pay her compensation for all the faffing about!

Your builder doesn't have a leg to stand on and he knows it - that's why he's stroppy. Don't be bullied (& def. don't allow him into the house when you're not there - smacks of very dodgy practice).

Original poster
AngryandCross · 19/10/2010 21:03

Thank you. I'll respond to him inviting him to come back and fix the problems. Again. And will get quotes. I hate this sort of this Angry

OP posts:
DaftApeth · 20/10/2010 09:02

Do you have a contrect with them? What does it say?

I wouldn't want them in my house when I was not there, frankly. If they do agree to come, could you have a friend over to be there too?

In the next email, I would maybe suggest they come to finish the work or let you know that they will not be coming and you will use the money to pay someone else to finish.

Make sure you have taken photos of the work that needs completing.

I have no legal background! Isn't there also a legal section? You could try posting there too.

Original poster
AngryandCross · 20/10/2010 09:11

Thanks Daft.

I have an itemised estimate from them, which I guess is a contract because I agreed for them to do the work, based on that. And they've done it all, just not well enough. I didn't agree to buy a scratched bath and I didn't expect to have to rehang the door and for them to break the fan or flood my house. I will email them this afternoon. I've asked for info from a couple of consumer advice websites and from Trading Standards.

OP posts:
DaftApeth · 20/10/2010 09:30

Have you seen this website?

Looks quite useful.

When you know your rights, it is easier to stand your ground, isn't it?

Chil1234 · 21/10/2010 07:25

This is why you've been quite right not to pay the full amount before the work is finished. If you hold something back until the satisfactory completion of the job then you have a bargaining position.

They are bluffing on the 'legal action' because they know they've done a shoddy job and that to put the problems right would actually cost a lot more than £350. I'd be reluctant, personally, to let them back on the premises given that they're so incompetent... plus you risk them 'spitting in the soup' as it were. Sue them through small claims court for the cost of making good all the damage. Good luck

MrCjlB · 22/10/2010 16:14

Does your house or contents insurance include legal protection cover? Many do by default. If so, give them a call to see how they can help.

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