Mediation/Small Claims Court

[wincarwoo]

We are in the process of mediation with the federations of master builders for a leaky extension roof of five years standing.

During the mediation process we have had a survey indicating we need a new roof with replacement tiles. We have lost all faith in the current builder, not least because he built our roof incorrectly (other flaws were identified too) but because of his attitude and lack of professionalism to fixing the roof over five years have left us infuriated.

We are looking for a monetary settlement but he is saying that he could fix it for less and won't be paying for another builders profit.

Does anyone have experience of taking a builder to court and winning in these circumstances? Where they could do the work but you wouldn't trust them to do it.

Not taken a builder. I suspect you will be able to deal with this through the small claims track of the County Court meaning you avoid lawyers.
If you have already had a report that is independent, you are well on the way. You need to get three quotes from roofers to replace the roof as recommended in the report. You then need to put it in writing to the builder responsible explaining all the issues, copy of the report and the quotes. Make a demand that they pay.

If they decline, then follow the small claims track which will involve you issuing a Letter Before Claim. Essentially the same as what I just advised, but making it clear it is a precursor to legal proceedings.

If it goes to court, you just prepare all your papers into a bundle which explains the case and it will be heard before a judge in a room which will decide.

Sounds like you have a strong case but never ever guaranteed

Thank you @MarieG10 that's very helpful.