Dispute with builder - what do I do?

[anonymous-user]

Hi all, I'm having a problem with my builder. He's done about £125k worth of work, and I've always paid invoices immediately upon receipt. He now feels the job is complete and has invoiced the last small (£1800-ish) invoice. I dispute this as the work has not, in my opinion, been completed to a good standard - roof tiles have slipped, the window frames are scuffed and marked from where his labourers attempted to fit finishing strips to the un-welded mitred bay corners, vertical tiling is untidy, lots of small 'snagging' issues to complete.

He has advised he will not be returning to the site and has asked that I save my time listing all the details of the 'deficient work' as he will turn it over to a debt collection agency today.

I had previously sought the assistance of a family member (lawyer) who suggested that rather than suing him (expense, time, stress) I compromise on all the outstanding issues, which I did. In my opinion he has not done all the things he subsequently agreed to do.

So, what happens now? I am happy I am not demanding too much, happy that my concerns are real and relevant, and will be writing to him this weekend to formally identify the areas requiring attention. I always thought an agency would only work if the courts judged I owed the money - true? There has been no arbitration, no hearing etc. Should I be taking any pre-emptive action / making any plans?

He's also warned my credit rating will be affected, but apart from my 'paid-off-monthly' credit card, I never borrow money (no mortgage, hp, loans etc.). Any reason to be concerned?

Thanks for any advice, lawyers of PH...

Edited by anonymous-user on Wednesday 27th August 06:45

[anonymous-user]

Debt collection agencies will take any case if someone pays them, or if they buy the alleged debt at a discount from the alleged creditor. Only a court can adjudge you liable to pay the builder, and he sounds like he is engaging in bluff and bluster, which thus far has had the desired effect of making you nervous. Do not be nervous. It's just a dispute about a modest sum of money. Stay calm, document your concerns. Your credit rating could only be affected if you were to be adjudged liable and failed to pay promptly on the judgment.

No one here can advise you on the details of the dispute unless you say what they are, and this place is no substitute for real advice from someone who owes you a duty of care and is insured to advise you. (I note that you were prepared to spend 125K on building works but want your legal advice for free from a car forum.)

Also, if, as you say, you know a lawyer who has helped you before (and the advice you were given sounds sensible to me), then why not ask him for advice again? Here all you will get is a bunch of anonymous people who may like cars a bit. 99.99999 per cent of the so called advice posted in this Forum is total bks written by people in pubs who haven't the first clue what they are talking about.

[anonymous-user]

I infer not. People not infrequently enter into major works with five or six figure prices and don't bother to agree terms in writing in advance of the work starting. At work I am kept busy by sometimes multi milion quid disputes between businesses that thought that hiring a lawyer at the outset to sort out a contract was a needless expense. Well, now they have a dispute and have both hired a whole bunch of lawyers who all cost more than the single lawyer who could have sorted the contract for them at the start, so that went well. Of course, having a fancy-ass contract is no guarantee that you won't still have a dispute but it can make the dispute easier to deal with if it happens.

[anonymous-user]

Breadvan72 said:

Debt collection agencies will take any case if someone pays them, or if they buy the alleged debt at a discount from the alleged creditor. Only a court can adjudge you liable to pay the builder, and he sounds like he is engaging in bluff and bluster, which thus far has had the desired effect of making you nervous. Do not be nervous. It's just a dispute about a modest sum of money. Stay calm, document your concerns. Your credit rating could only be affected if you were to be adjudged liable and failed to pay promptly on the judgment.

No one here can advise you on the details of the dispute unless you say what they are, and this place is no substitute for real advice from someone who owes you a duty of care and is insured to advise you. (I note that you were prepared to spend 125K on building works but want your legal advice for free from a car forum.)

Also, if, as you say, you know a lawyer who has helped you before (and the advice you were given sounds sensible to me), then why not ask him for advice again? Here all you will get is a bunch of anonymous people who may like cars a bit. 99.99999 per cent of the so called advice posted in this Forum is total bks written by people in pubs who haven't the first clue what they are talking about.

Thanks breadvan72. I was hoping someone like you would respond - it's really appreciated. I understand the makeup of the forum but there are usually one or two people who "know" and I like to think I can recognise them. And you really shouldn't talk about Tonker like that :-)...

I would / will be talking with my uncle (the lawyer) but I'm abroad until Saturday and having received numerous emails last night and this morning from an increasingly irate builder, I did / do feel a little nervous. Another thing to deal with I suppose. I will write to the builder this weekend highlighting all the areas of concern. I'm quite good at keeping things measured and sensible, unlike the builder who sometimes appears to be 15, not 45.

[anonymous-user]

There is a contract, it's a standard Builders Federation (or some body like that - I'm not at home) contract, Clapham GT3. I remember he didn't want a penalty clause for late finishing (7 months thus became 18...), not sure about the retention at the end, but I'll look at it, thanks.

I've probably been naive - paying invoices for, say, windows, to be told the finishing touches would be done later. What subsquently happens is there is a distinct lack of interest when the prospect of big cheques coming through finishes and I've had a pretty miserable time trying to get him to finish work. Next build I'll sharpen up at the beginning, pay more attention to the Contract, and be a bit more hard nosed about things.

[anonymous-user]

Pedantry corner: a written contract is a verbal contract (the word verbal is derived from the Latin for word). You probably meant to say oral contract.

[anonymous-user]

Thanks to all those who have replied. I'm at work abroad at the moment so will soak up all the info. and deal with him from this weekend. It is appreciated!

[anonymous-user]

Yes, I suppose so, but I still shake my head at how daft they can be.