A matter of ownership

[Cribco]

I recently employed a small local contractor to replace my driveway. A quotation was received but did not include any conditions of sale. The work was carried out - the old driveway removed - and a replacement driveway installed. Unfortunately the standard of work of the new driveway was very, very bad and I am refusing to pay a bulk of the invoiced amount. The amount I am offering is in acceptance that he removed the old driveway without problem. Now he is threatening to remove the newly installed driveway unless full payment is received. So the question is - who now owns the driveway as no conditions of sale were ever made. What is the legal position concerning trespass if he enters my property to remove the driveway.

[pt2537]

Potential offences here include Theft, Criminal Damage and possibly Burglary

[2222]

Leaving aside the builder's hopefully empty threat, what do you intend to do to sort this out? You say you have only paid for the removal of the old drive, and yet you seem to be concerned to keep the defective new one without paying for it. That's not a satisfactory outcome for either the builder or you.

You seem to have three options that make sense and resolve this situation.

a. Get the builder to remedy the defects, then pay him in full. Given the breakdown in trust, you may have to put the money into an escrow account before he'll start. You probably have an obligation to offer him this chance under the Consumer rights act 2015
b. Get someone else to remedy it and pay the builder what's left.
c. If it is really terrible, get somebody else to dig it up and then re-lay it. In which case, why are you up in arms that the builder wants to dig it up and save you half the work?

[Cribco]

Thank you for your replies. You ask - What do I intend to do with the present situation and driveway. It was observed by non professional witnesses that the sub foundations of the driveway were not carried out in accordance to the specification given by me, nor to specification quoted by the builder, nor in accordance with any recognised national specification - so it would seem that it will be necessary to employ another independent builder to remove everything right down to the bottom, then to rebuild completely. Unfortunately the only way to prove the offending foundation is to dig up a section for inspection. So who has the legal authority to dig the hole - my authorised new contractor with a surveyor present - or the original contractor who, it may be considered, still owns the paviours, sand etc.

[2222]

No, once it's been installed on your property, you own it. Hence, PT's "Potential offences here include Theft, Criminal Damage and possibly Burglary".

I suggest that you get a surveyor in to check it out. Do that ASAP and let your builder know what you are doing. That way, he knows that you are taking steps to resolve this. The surveyor will say what excavations he wants. I suggest he needs to look in at least two places. Get a new builder to dig the excavations.

There's no reason the original builder should be excluded from viewing that investigation, provided he behaves himself, but check with the surveyor.

It's a shame the builder did it wrongly, if he did, and it's a shame you only found out after he finished. The surveyor can recommend rectification work, and perhaps that will not involve starting from scratch.