Builder failed to remove debris

[Little-Nancy]

Hi,
I'd be grateful if someone could advise me ...

I've recently had my kitchen refurbished. During the discussion about the cost, and the work to be done etc; the builder told me that the price would include the taking-away and disposal of all the old kitchen units, tiles, and the defunct appliances (oven, hob, & sink) etc.
Whilst the work was in progress all this old debris was stored in my garden ... I was told that it would be removed once all the work was completed. (This seemed logical, so I didn't question it).
Well, the job was finished but the debris has remained. I phoned at the weekend and was told that a skip would be arriving on Monday. There was no sign of it, so on Monday evening I phoned again and was told that it would arrive today. (It's 5pm, so the arrival of the skip seems unlikely now).

Unfortunately I paid the bill in full ... I was pleased with the kitchen refurbishment and the workmen seemed honest and decent ... so I have been very let-down over the issue of the debris. Apart from it being an eyesore, it is also a nuisance, as I only have a small garden and it's taking up a lot of space. To be honest, paying for the kitchen has wiped me out financially (in fact my brother loaned me some money as I didn't have enough savings to pay for it outright). I'm a pensioner (state pension only) and the expense of paying for a skip will present a huge financial worry.

So I would like to know if this is this the sort of situation that would warrant a claim at the Small Claims Court? (I don't have anything on paper to say that the builder agreed to remove the debris as all negotiation was done via the spoken word).

Thank you in anticipation.

[des8]

Re: Builder failed to remove debris

I think you would have to arrange for the removal of the rubbish and then claim the cost back from the builder through the courts.

I would suggest you write (send signed for) to the builder, reminding him of the agreement and explaining the distress the uncleared debris is causing you. Advise him that if he doesn;t
make arrangements to clear it within 2 weeks(?) you will do so and then pursue him for the cost.

I appreciate you will find this financially difficult, but IMO to take him to court in an attempt to make him complete a contract (of which you have no written record) isn't going to work.

Having written the above will bump your post up and we might get alternative suggestions.

[Kati]

Re: Builder failed to remove debris

:bump2: :bump2:

I agree with des8 - there doesn't seem to be any other way to sort this I'm afraid :tinysmile_hmm_t2:

[wales01man]

Re: Builder failed to remove debris

In the contract is rubbish removal included

[Kati]

Re: Builder failed to remove debris

So I would like to know if this is this the sort of situation that would warrant a claim at the Small Claims Court? (I don't have anything on paper to say that the builder agreed to remove the debris as all negotiation was done via the spoken word).

It doesn't look that way [MENTION=30456]wales01man[/MENTION] :tinysmile_hmm_t2:

[paulajayne]

Re: Builder failed to remove debris

Call again and give them another chance, may even suggest to them that you arrange a skip and they pick up the bill. - less hassle that way.

If it fails again then arrange a skip and then invoice them for it.

[wales01man]

Re: Builder failed to remove debris

If there was nothing in writing did the OP have witness to the Spoken word? as its put on here it might become there word against the builder so what chance of a win in Court?

[des8]

Re: Builder failed to remove debris

Bearing in mind the op is a pensioner with a small garden, it seems eminently reasonable that any arrangement for building works would include the removal of debris.
If it came to court on the balance of probabilities IMO she would have a fair chance of success, but it won't be easy and it is better to get builder to remove debris in first place.

I would not call them, but write a letter reminding them of the arrangement as I suggested earlier.(Keep copy and get free proof of posting rather than signed for)
If this is to go further (which you don't want) you need to start building your case now.

[wales01man]

Re: Builder failed to remove debris

A lot Des depends on the price to do the job a 6 yard skip round here is well over 200 quid .
As an ex Builder I did jobs where the Customer arranged to get rid of the rubbish to save money.

[des8]

Re: Builder failed to remove debris

I realise that some will try and save money by disposing of the rubbish themselves, but seems unlikely that an OAP (Single lady perhaps?) would go down that path.

Anyway the aim is to help OP find the best way to be rid of this rubbish, for which the builder has already said they would arrange a skip.
I wonder if it has turned up yet

[wales01man]

Re: Builder failed to remove debris

I hope he turns up I am just saying how things were at times with me.

[Johnboy007]

Re: Builder failed to remove debris

Bearing in mind the op is a pensioner with a small garden, it seems eminently reasonable that any arrangement for building works would include the removal of debris.
If it came to court on the balance of probabilities IMO she would have a fair chance of success, but it won't be easy and it is better to get builder to remove debris in first place.

I would not call them, but write a letter reminding them of the arrangement as I suggested earlier.(Keep copy and get free proof of posting rather than signed for)
If this is to go further (which you don't want) you need to start building your case now.

I tend to agree with you on this one Des:tinysmile_twink_t2:
I worked for myself installing heating, and it was an unwritten rule that you cleared away your rubbish.
On very rare occasions the customer did offer to clear it away.
As the OP is a pensioner, it is highly unlikely That frail Little Nancy, would even contemplate this.
The builder should do the right thing.
He's got his money, now clear the rubbish.

[Little-Nancy]

Re: Builder failed to remove debris

Many thanks to everyone for your replies ... so sorry that I haven't been back to give an update, but I've had some health matters to deal with.

When we were discussing the price of the refurbishment I did make a point of asking whether the cost he quoted would include removal of the debris, and the builder confirmed that it did. In fact I brought the subject up a couple of times whilst work was in progress because the debris was such a nuisance. (In my naivety, I'd assumed that the skip, or a trailer or whatever, would arrive whilst the job was being carried out: in order to gather all the stuff together ready for transport ... this is what appears to happen when people living nearby have had building work done, anyway!)

Yesterday I contacted a scrap metal dealer and he came and collected all the grotty old metal items (sink, hob, oven etc) and took them away free of charge. Unfortunately I don't drive, otherwise I may have started to gradually dispose of some of the cupboards etc myself (ie: take them to the council tip/reclamation yard).
I phoned the builder again and he 'expressed surprise' that a skip hadn't been delivered. However, some hours later he phoned my brother's house and left a message to say that he was going to arrange for a man with a truck to collect not only my debris, but also all the debris from other houses in the area where he has been doing work. (So it seems that I'm not the only person who has been left with a garden-full of rubbish and squashed plants!)

Meanwhile though, I have now found some problems with the actual work he carried out. For example, there is a gaping hole right across the top of the new door that he installed (I know the doors are hollow, but I did expect them to have some sort of seal across the top?) Naturally this can't normally be seen (the top of the door is 6'6" high), but I'd climbed onto a stepladder to clean the architrave, and spotted it (or rather, felt it, and saw it with the aid of a mirror!)

[Johnboy007]

Re: Builder failed to remove debris

Phone him up and ask him to come and repair it.
He should do that, as it is a minor repair from what you tell us.
Do not go climbing about Nancy.
A hole above a door is easy to fix.
A busted hip or leg, not so easy and very, very painful.
Take care

[Little-Nancy]

Re: Builder failed to remove debris

I've just phoned ... he's coming to sort out the issue with the door (and a couple of other flaws) the day after tomorrow (fingers crossed!)

I can't believe how stressful in can be to have 'home improvements' carried out!