Problems with builder / fraud & false advertising

[FBlue]

Hi there

I'm not sure where to post, so in brief:

I'm having an extension built by a contractor with a limited company.
I have a contract and architects drawings form part of that contract.
The work is almost done and we have £2000 held back for the completion & snagging.

I have 4 issues:

1. Quality of work is poor and he won't rectify (eg tiles very wonky, main wall not straight)

2. False advertising? I was impressed with his projects on social media & website and I found out this was not actually his work it belonged to other people*

3. Part of the contract was to retain and protect carpets, when in fact they have cut them up and stored them badly, so they now need replacing

4. One of the team accessed personal post and successfully applied for loans and credit cards in my name, and the main contractor has not done anything about this or shown any concern (I've reported this to Action Fraud but don't know which member of his team did it)


I'm not sure if I have any recourse here? If I have any power to do anything?

Thanks very much for any help or advice, and happy to post elsewhere if there's somewhere more appropriate.
*

[des8]

Was your contract one of the JCT suite, if so which one? or something else?
Did your architect have any input other than drawing up the plans?*

[lawboy65]

If we look at each issue as you have listed them.

1. Have you spoken with the builder about your concerns with the work done and what has been agreed regarding rectifying your concerns.
2. Not relevant to your contract with builder.
3. I am assuming you have a written contract signed by both parties and one of the clauses include the need to retain and protect your carpets as you say. Therefore your builder will be in breach of the contract.
4. I presume this has been reported to the police as this is a criminal act but separate from your contract with the builder.

“The Consumer Rights Act 2015 says that reasonable care and skill must be used. The trader should have done the work with ‘reasonable care and skill’. This means they should have done a good job that’s worth the amount they’re charging you. If they haven’t done this, they’ve broken the law. If they can’t or won’t fix the problem, you can ask for a partial or full refund - depending on how bad the problem is. You’ll have to come to an agreement with them about how much you should get. It’s a good idea to start by suggesting a figure and explaining why you think it’s reasonable, then take it from there.
Does the builder belong to any trade organisation? If so, you should contact them with your concerns. If there is a problem with the work they should fix it or get at least some of your money back. Keep all/any paperwork and receipts, take photos to use as evidence of the problem, make notes about what’s happened, including dates and times
Report the trader to Trading Standards

[FBlue]

Thanks very much for your reply.*



1. I've spoken to the builder - he is refusing to fix poor work - I really don't know what to do about this

2. The false accounts is very frustrating. I'm supprised this can't be reported.*

3. WE do have a contract. Actually I didn't sign it, just never got around to it, but have a signed copy from them.*

4. Yes, reported to the police but they can't do anything about it.*

Does anyone have experience of suing a builder?

Thanks*
*

[des8]

If you have a contract what does it say about resolution of disputes?
The JCT Standard contracts include* three systems of resolution: adjudication, which was introduced by the Construction*Act 1996 and is a binding but not necessarily final decision; arbitration under the Arbitration Act 1996, which is both final and binding, and litigation (civil court action).
Litigation is best avoided

[FBlue]

The only thing it says is:*

Disputes


Conciliation

• You and we must both agree to conciliation taking place. If so, the following must apply.
  • You and we can agree who the conciliator will be; or you and we can ask to appoint a conciliator.

I don't really know what this means, and what the next step should be.*

[des8]

Conciliation is an alternative dispute resolution process similar to mediation.
*The parties seek to reach an amicable dispute settlement with the assistance of the conciliator, who acts as a neutral third party.

Write and ask the builder if he is prepared to share the cost of conciliation
Is he a member of a trade association (as lawboy65* )? they may provide an ADR.

Even if you take to litigation, you should try and resolve the matter prior to initiating court action

[FBlue]

Thanks.*

Are you aware of any other posters who have sued a builder?*
*

[des8]

Thanks.

Are you aware of any other posters who have sued a builder?

Most seem to be builders suing the poster! but try these:
https://legalbeagles.info/forums/for...-advice-please
https://legalbeagles.info/forums/for...-house-builder