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We recently had our bathroom renovated and are currently in dispute with the contractor. When the contractor completed the work he sent us the invoice for the final payment. We agreed with him that we will have a look around and if there is anything to be fixed, we can pay him when this is done. The payment terms agreed to on the quote states that the final payment is due upon completion.
However upon inspection we found a number of issues, some minor snags and others just incomplete and wrong installation. The contractor initially agreed to the payment being made upon completion of these issues.
The biggest issue which is the reason for the dispute is the positioning and installation of the bath. It is a freestanding bath and the intention was to have the bath central to the room with a gap between the bath and back wall. This was displayed on a plan view sketch of the bathroom installation, although not dimensioned. What we ended up with is a bath that is quite a lot off centre and against the back wall. Furthermore because it is against the wall they did not complete the silicone around the base of the bath. This incomplete silicone results in the bath wobbling when leaning against the edge. The freestanding taps is also installed incorrectly and water drips on the floor when operated at low pressure. The contractor gave some reasons for the off centre installation saying floor joists are in the way however I told him how it could be installed avoiding the joist, to which he didn’t have an answer. I can see why he doesn’t want to move the bath as it would mean removing tiles and damaging the underfloor heating.
The underfloor heating also does not work properly. The thermostat is set to measure floor temperature but is instead measuring ambient in the cupboard it was installed in. There is a hot water tank in the cupboard and therefore the underfloor heating really can’t be used properly.
The other things are relatively minor snags e.g. Gaps in tile grout and silicone to be redone in places etc.
The issue with the bath position has resulted in the contractor refusing to do any of the outstanding work and demanded immediate payment of the outstanding money or else he will go to his debt collectors.
At this point we contacted the Federation of Master Builders, whom the contractor is a member of, as they provide a dispute resolution service. We told the contractor we are doing this. The process is currently ongoing.
The contractor in the meantime had his solicitor, Thomas Higgins Ltd, sent us a letter before action demanding payment. And as we did not pay a claim has been filed against us. We were hoping the dispute resolution service will result in an agreement before we needed to respond with a defence but has unfortunately not happened.
We were hoping for some reassurance and advice to make sure our course of action so far is correct or whether we should pay up. Our defence, and potential counterclaim, is due to be submitted on 25/07/17. We’ve had another builder look at the work required and have a quote which could possibly be used as a counterclaim.
Please let me know if more details are required. I will look to formulate a defence and hopefully post for comment in the next day or so.
However upon inspection we found a number of issues, some minor snags and others just incomplete and wrong installation. The contractor initially agreed to the payment being made upon completion of these issues.
The biggest issue which is the reason for the dispute is the positioning and installation of the bath. It is a freestanding bath and the intention was to have the bath central to the room with a gap between the bath and back wall. This was displayed on a plan view sketch of the bathroom installation, although not dimensioned. What we ended up with is a bath that is quite a lot off centre and against the back wall. Furthermore because it is against the wall they did not complete the silicone around the base of the bath. This incomplete silicone results in the bath wobbling when leaning against the edge. The freestanding taps is also installed incorrectly and water drips on the floor when operated at low pressure. The contractor gave some reasons for the off centre installation saying floor joists are in the way however I told him how it could be installed avoiding the joist, to which he didn’t have an answer. I can see why he doesn’t want to move the bath as it would mean removing tiles and damaging the underfloor heating.
The underfloor heating also does not work properly. The thermostat is set to measure floor temperature but is instead measuring ambient in the cupboard it was installed in. There is a hot water tank in the cupboard and therefore the underfloor heating really can’t be used properly.
The other things are relatively minor snags e.g. Gaps in tile grout and silicone to be redone in places etc.
The issue with the bath position has resulted in the contractor refusing to do any of the outstanding work and demanded immediate payment of the outstanding money or else he will go to his debt collectors.
At this point we contacted the Federation of Master Builders, whom the contractor is a member of, as they provide a dispute resolution service. We told the contractor we are doing this. The process is currently ongoing.
The contractor in the meantime had his solicitor, Thomas Higgins Ltd, sent us a letter before action demanding payment. And as we did not pay a claim has been filed against us. We were hoping the dispute resolution service will result in an agreement before we needed to respond with a defence but has unfortunately not happened.
We were hoping for some reassurance and advice to make sure our course of action so far is correct or whether we should pay up. Our defence, and potential counterclaim, is due to be submitted on 25/07/17. We’ve had another builder look at the work required and have a quote which could possibly be used as a counterclaim.
Please let me know if more details are required. I will look to formulate a defence and hopefully post for comment in the next day or so.
