Cowboy builders taking me to court with a no win no fee lawyer after 16 months. HELP

[Ripped-Off]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

I will try and deal with some of your comments. I can't do them all otherwise the post will be far too long. This is not legal advice but just my opinion....

I will make the following assumptions.

• You have a copy of the signed agreement.
• The architect was noted in the contract as the administrator.
• The contract was JCT 2011 Minor Works.
• You are the employer.

The build was for £92149.60 and a build time of 10 weeks. Payment scale of initial payment of 14,590.35 followed by 5 bi monthly payments of 14,590.35

Were these terms incorporated into the contract and did you fulfil your part of the bargain?
Incidentally, 5 x £14,590.35 = £72,951.75, add the initial £14,590.35 and the total is only £87,542.10. What happens to the remainder?
Was there a retention amount specified in the contract?
Was there a rectification period provided where the builder is required to return to remedy defects before the retention is released to him?
Did the architect issue payment notices in accordance with clause 4.3 which states 'interim payments to the Contractor shall be the dates occurring at intervals of 4 weeks calculated from the Date for Commencement of the Works. Not later than 5 days after each due date the Architect/Contract Administrator shall issue an interim certificate for a sum equal to the percentage stated in the Contract Particulars of what he considers to be the total value as at the due date '?

By 21st December and nearly 6 weeks in very little progress had been made

Note the contractor's obligations at clause 2.1......The Contractor shall carry out and complete the Works in a proper and workmanlike manner and in compliance with the Contract Documents,..

quotation we had included a kitchen, and front and garage doors with a budget for each. I finally measured up and ordered a kitchen myself

You are technically in breach of the contract here. You did not give an instruction to omit works, and worse still you carried them out yourself. The builder is entitled to recover lost profit on the omitted work but not the value of the work itself, see AMEC Building Ltd v Cadmus Investments Co Ltd (1997).

Render had massive cracks in, roof leaked, 3 different height door thresholds which were all too high for my disabled mum.

The render is a matter of fact and is easily proven. Were the door thresholds a requirement of the contract or an afterthought?

Patent defects should be corrected before the works are certified as complete. Without a completion certificate the builder cannot get his final payment nor the retention. Clause 4.3.1 refers to 'work properly executed' as a condition for payment.

Did you or the architect issue a Practical Completion certificate? Once issued the defects rectification period begins. The builder must return to correct any notified defects within a reasonable time. Where there is no rectification period you are at liberty to employ others to correct any notified defects and recover those costs from the builder. However, you should give notice to the builder of your intention - see Pearce & High Ltd v Baxter and another - [1999].

A budget of 1000.00 was for a new front door and they put on a 200.00

These are called Provisional sums and covered by clause 3.7. Unless the builder is given an instruction to spend the money then he is not entitled to payment at all. In effect he has done work that you have not asked for. However, you knew what he was doing and allowed that to happen so the law of estoppel would prevent you from relying on the clause. Nevertheless, the law of abatement allows you to reduce the payment to him and he is put to strict proof to show that the door (materials and labour) are worth the amount claimed.

There was the final payment which included a retention for snagging left to pay.

Tell me you haven't paid it!!

We had numerous onsite meetings with them going through all the defects and agreed but they never came back

An example of your Pre Action protocol mediation/negotiation obligations. Were records kept? Are there any sound witnesses?

one of the builders telling us to get others to finish as relations had broken down

Boom!!! a potential repudiatory breach of contract. He has breached his contractual obligation to repair defects. Is this in writing from the builder who signed the contract with you!! I doubt whether, after so long, you can accept repudiation, but you can claim damages.

Your builder is claiming from you but you appear to have a strong case to counter-claim or set-off for the cost of rectifying the defective work. That is the basis of your defence. Unfortunately, the pair of you have not helped by failing to administer the contract correctly.

In addition to the above, what was the architect's role in all of this? Did you pay him to administer the contract? He may well have owed you a duty of care which he has breached.

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

just printing off so I can answer each question

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

The JCT contract states: 1st stage payment of 14,590.35 followed by 5 by monthly payments of 14,590.35 and work to be completed within 8-10 weeks a retention of retention of 5% (£3,839.56+vat)

6 weeks in we had half a porch built and no access to upstairs as there was no roof and completely exposed , we actually had a theft, thankfully just some of their tools. The only protection we had security wise was a door screwed shut from the outside..

Kitchen and bathroom I went ahead and ordered as they hadn't and dude to some of the items were for disabled I knew they would take time to arrive. I was trying to get things on site. I never even had a front door until the day before my Mum moved in, and that was completely wrong. I had to accept it or we would have had nothing at all

Yes the render was easily proved and have all the supporting evidence from surveyors and pictorial. They tried to correct it 3 times but it just got worse. I t had to be removed but my Mum had asbestosis cancer and we could not attempt it with her in situ, also we weren't allowed to erect the scaffolding on one side as initially my next door neighbour agreed to have it on his side but due to the length of time it was there he wouldn't agree to it again ( I wasn't aware this had to happen initially)
The door thresholds weren't just a little too high they were ridiculously high, the door company who I paid to do it correctly actually laughed when they saw it , again all the pictures are available.

No practical completion certificate was issued, none of the faults were ever rectified

The door had to be accepted as I said as it was that one or no door at all, the one which was specified had to be made as they mis calculated the opening.

All records were kept and minutes were produced to all parties .

The architect stopped contacting when I heard no more from the builders .


This is the surveyors report :
Thank you for your recent instructions to prepare a summary Schedule of Remedial Works & Budget Costs at the above property. We now have pleasure in enclosing our findings from our inspection of the property on 7th May 2014.
Introduction
The existing property is a modern brick built bungalow with converted roof space. The building works undertaken included conversion and extension to provide a separate living space to the left hand side of the property arranged over two floors. The works also included the extension of the front of the property on the right side to create a new garage and the extension of the front of the property to create a new entrance hall.
For ease of reference and for clarity we have divided the property internally and externally into rooms and elevations. Our report was carried out on a visual basis only; some areas were obscured by fixtures and fittings which were not moved during our inspection. Our instructions were agreed as to comment only on the remedial and works; minor items of making good to decoration are present throughout and have not been separately identified.
Front Elevation
The pointing to the brickwork is generally poor with multiple areas of mortar snots; the mix also appears to be highly cementitious.
The render finish is generally poor, it is possible that an incorrect mix has been used, or the render applied under adverse weather conditions. As a result, the surface finish of the render has already begun to degrade, become friable and has cracked in multiple places. The drip detail above the window to the rendered panel on the left hand side of the elevation has been incorrectly formed resulting in different levels.
There does not appear to be sufficient weep holes installed to the new cavity walls, furthermore the cavity tray and weep holes have been installed below the DPC. This is not a standard detail and is unlikely to have been built in accordance with the manufacturer’s instructions. Additionally the vertical DPM to the front entrance steps has also not been installed correctly with excess membrane protruding either side.
…/Page 2
Mrs
20th May 2014
The DPC itself has been installed in the incorrect position and is level with the new garage door threshold. It is therefore visible and exposed to damage. It was also noted that the DPC was breached in two locations by the timber ramp to the garage door and by debris externally adjacent the right hand side elevation (to the boundary with 37 Manor Drive).
Where new windows have been installed there are smears of excess render and mortar to framework, and the gaps between the windows and the walls have not been correctly sealed with mastic. You have also not been issued a copy of the FENSA guarantee for the installation of the new windows.
The rainwater goods appear to have been incorrectly designed, in terms of sizes and locations causing water to overflow and run down the face of the brickwork causing saturation at lower level. Several of the downpipe fixing brackets are also broken.
Drainage
In relation to the sump pump, this has been installed in the incorrect location, on the right hand side of the property against the lay of the land. Waste water is unable to drain to the pump and is therefore ponding within the aco drainage. The diameter of drainage channels is too large and the pea shingle is too small. The pea shingle is therefore penetrating into the channels and blocking them. The aco drain has also not been installed tightly to the face of the building resulting in a large cavity through which water can penetrate.
Electrical
The existing security alarm box is damaged, and has not been replaced. An exposed wire has been left protruding from the front elevation.
The new telephone line intake point to 35 has been executed poorly resulting in unsightly excess cable; additionally the connection to 35a enters the building via an air brick instead of a properly sealed and weatherproofed entry point.
A large quantity of builders materials have been left on site.
Left Side Elevation
The render finish to the side elevation is the same as the front elevation, generally poor with multiple defects.
Where the previously installed side door to the property has been removed the contractor has installed a rendered panel to conceal the opening. This is not in accordance with the specification which was for new brickwork to be toothed in match the existing. Additionally there are cuts to the brickwork at low level, believed to have been made when the threshold was removed which appear to penetrate/dissect the DPC.
There are multiple service penetrations to the side elevation which are either new, and have not been suitably sealed and weatherproofed, or existing which have been removed and not filled in leaving sections of brickwork exposed.
It was noted that in at least one location the ventilator air bricks below the DPC have been damaged by the works.
…/Page 3
Mrs
20th May 2014
At the junction between the ground and first floor level the drip detail to the rendered panel has been incorrectly formed resulting in sections of timber framework being exposed.
One of the new rainwater downpipes is cracked and damaged between sections.
Roof
It is understood that during periods of heavy rainfall the new flat roof forming the entrance hall way does not drain correctly resulting in an overflow of water over the main entrance door. This is likely to be caused by the roof pitch being incorrectly installed at either too steep an angle or the fall being in the incorrect direction.
The pointing to the ridge tiles both on the hipped roof section to the garage and the first floor ridge is poor. The mix appears to be incorrect and highly cementitious. At the ridge level large mortar fillets have been used to infill gaps where smaller tiles should have been inserted.
Garage
Inside the garage there are two different floor constructions, the timber section which formed the floor structure to the existing property and a new concrete solid floor which formed the new extension. The original intention was that the existing timber floor was to be removed and replaced with a concrete floor; this work had not been undertaken.
There was insufficient fire protection to the exposed steel beam which has been installed as part of the extension works. The new plasterboard ceiling to the garage area was incomplete with exposed timber joists. Suitable fire-line board should be installed along with the specified loft access hatch.
Rear Elevation
When the rear double dormer was installed this was planned to be finished with timber shiplap cladding, instead the contractor has installed a rendered finish.
Entrance Hallway
As part of the conversion a new concrete floor has been installed to the entrance hallway. However the existing external entrance doors to 35 & 35a have been left in situ including the thresholds and weather check bar, the new concrete floor has been cast up to this barrier creating an uneven and poor construction detail.
The incoming gas main has not been correctly installed resulting in it protruding from the wall below the gas meter housing.
The corner stop beads which have been installed to the reveals of the doors and windows do not appear to be galvanized and have already begun to corrode discoloring the plasterwork around these openings.
The threshold level to the new external door has been installed at a very high level creating a trip hazard and in several places the DPC is exposed.
…/Page 4
Mrs
20th May 2014
Hallway
Where the previous door way has been in-filled the plaster and decorative finish is poor. At low level the radiator pipes below the doorway have been left exposed and unprotected.
The new smoke alarm which has been installed is still covered with protection and does not appear to have been commissioned.
Kitchen
The original doorway to the utility room has been removed as part of the works; the new section of wall has not been finished, with an exposed plaster surface, with no ceramic tiles or decoration to match the existing surfaces.
35a Living / Dining Room
The new skirting has not been fitted flush with external wall.
An existing radiator has been removed below the window to the front elevation but the low level flow and return pipes have not been removed, just capped off in-situ.
You have reported concerns that the new first floor section of the extension has not been properly designed and supported. You reported that the plaster around the window reveals has previously blown and had to be repaired. Small scale opening up works have been undertaken to assess if the extension has been unduly supported using the existing concrete window lintel, however it was not possible to determine if the construction was suitably detailed.
There is a small area adjacent the dining table where the floor has been unevenly repaired resulting in some deflection to the underlying floor surface.
First Floor Bathroom
The decorative finish to this bathroom is extremely poor. The large area of timber boxing has been painted with emulsion paint instead of gloss.
The sanitaryware and vanity unit have not been installed in accordance with the approved plans.
The new service penetrations adjacent the bath have been poorly installed and not properly sealed, expanding foam is visible.
Upstairs Bedroom/En-suite
All though there were no defects identified to these rooms you informed us that you had undertaken further decoration works with a separate contractor to improve the internal appearance of the room to enable occupation.
Building Control
You have not been given a copy of the Building Control Completion certificate from the Approved Inspector stating that the works completed are compliant with the current Building Regulations.
…/Page 5
Mrs
20th May 2014
Services
It is understood that the new boiler installed by the Contractor has been leaking. A separate mechanical engineer has been appointed to attend the property several times to attend to defects. We were able to verify that damp staining consistent with a leaking boiler was present. A Gas Safe Register certificate has not been provided by the original Contractor to certify the mechanical installation.
The contractor has not issued to you copies of the electrical installation certificates, all such installation would require a certificate from the NICEIC stating that the installation is safe and compliant with all current regulations. The certification and commissioning of the fire alarm would be included within the NICEIC certificates.
Budget Costs
We have prepared costs for the remedial works identified within this letter which are enclosed. Please note that these costs are budget only based on the information which was available at the time of our inspection.
It is impossible to quantify, and therefore cost some of the required remedial works due to the need for further investigation or opening up works. These items have been separately marked on the enclosed budget cost estimate with an asterisk.
Conclusion
It is clear that there are issues with the work undertaken by the Contractor, we would recommend liaison with your solicitors to determine what the best legal course of action may be to resolve matters.

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

Just a foot note I paid the architect 3500 for a full design 3D and for any over seeing work was charged at 60.00 per hour

[Ripped-Off]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

Firstly, the builder appears to have done a bit of a hatchet job on your property. The survey reads like a house of horrors.

If you were to counter-claim, how much would you be counter-claiming for?
Also, how much of the original £92k contract price has not yet been paid to the builder?

You will have to decide whether you want to instigate adjudication, arbitration or litigation. If you go to adjudication you will most likely get a decision before the court even gets around to setting a hearing date for his claim against you. I suspect he will refuse to pay anyway, and that means you could be left with the adjudicator's fee and the costs of enforcing the adjudicator's decision in court. Nonetheless, a decision of an adjudicator will stand you in good stead for a counter-claim in his court proceedings against you.

Arbitration will give you the opportunity of some breathing space because you can get the current proceedings against you stayed. Have you established what JCT version it is? I think all JCT contracts have a similar clause to this one from JCT MW:

If it is intended, subject to the right of adjudication and exceptions stated in Article 7, that disputes or differences should be determined by arbitration and not by legal proceedings, the Contract Particulars must state that the arbitration provisions of Article 7 and Schedule 1 apply and the words “do not apply” must be deleted.

I think you should also consider writing a letter to the architect because if you have paid him for supervision and he has failed, you could claim for your loss, that is the money that was wrongly paid to the builder. You can likely claim for the defects too.

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

The JCT was a 2009 , after going through everything yesterday the exact amount owing after taking off all the items they didn't supply on the build ( I have the receipts) it was just over 4 K. I paid a further 4.5K on replacing some of the build as it just wasn't safe for my Mum to move in.
I wasn't going to counter claim as all I wanted was to end the nightmare it's been ongoing since the back end of 2013, I have received threatening phone calls and been stalked on social media by one of the builders. I have no correspondence with the other 2 builders at all.
As for the architect he knows about this but never responds when I cc'd him in any correspondence. To be honest I'm happy enough to go to court as I really do need to end this mess, they have been successfully sued by the plastering company as the render failed badly especially at the rear. This was due to the base that the builders put up first as the final covering was supposed to be ship lap that they never put on.
My thoughts are that the amount outstanding and not there 19k figure which has changed 4 times in a year I was well within my rights to not pay considering the Surveyors report.

They actually thought I nobbled the surveyor !!!!

[Ripped-Off]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

The JCT was a 2009

Arrrh! Now we are getting somewhere...

JCT do not do a standard building contract 2009 version. However, there is a JCT Building Contract for Home Owner/Occupier which has two versions :

1 - Who Has Not Appointed a Consultant, or
2 - Who Has Appointed a Consultant.

Could it be one of these? A copy of (1) can be downloaded from http://www.sandwell.gov.uk/downloads..._owneroccupier

If it is (1), then arbitration is out, but adjudication is still an option, however the process will be different.

To be honest I'm happy enough to go to court as I really do need to end this mess,

You have the N1 from the court. Have you acknowledged it yet? If you are going to go to court then you really ought to consider a counter-claim or at least argue the right to set-off the cost of work that was not carried out at all (abatement), or carried out so poorly that you have had to pay to put it right.

If I can help at all I will do what I can.

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

I finally sent everything off to court with all my defence plus receipts and proof of what they didn't supply etc. I was told to counter claim but thought it would be tit for tat. I wanted to just pay for what I had and no more and not to pay for things that were done incorrectly. I gave them 3 chances to put it right and each time relations got worse. Thank you for all your help.

i'm not sure what happens now , I suppose I just have to sit and wait
Thank you and will keep you and everyone updated

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

I received this in my inbox last week and I need some help as I don't understand it. I sent my defence through but their solicitor said it is a witness statement.


This case be allocated to the Fast Track.
Claimant
Defendant
2.
3.
4. 5.
The Defendant do file a properly pleaded Defence in accordance with the Civil Procedure Rules by close of business May 2016.
The Claimant, if it sees fit, do file a reply to the Defence by close of business 23rd May 2016.
Disclosure of documents will be dealt with as follows :-
ii.
By 4.00pm 6th June 2016 the parties must give to each other standard disclosure of documents by list and category.
By 4.00pm 13th June 2016 any request must be made to inspect the
original of, or to provide a copy of a discloseable document. Any such request, unless objected to, must be complied with within fourteen days of the request.
Evidence of facts should be dealt with as follows :-
ii.
By 4.00pm 4tl July 2016 all parties must serve on each other copies of the signed statements of themselves, and of all other witnesses on
whom they intend to rely, and all notices relating to evidence.
Oral evidence will not be permitted at Trial from a witness whose statement has not been served in accordance with this Order or has been served late, except with the permission of the Court.

Could one of you kind people help me with this latest correspondence please

- - - Updated - - -

Also, they want the case heard in my old home town which is such a long way from me and now my husband has become ill it is making things very difficult for me to travel for any length of time

[Ripped-Off]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

In your inbox!

Is the text you received on a Form that says 'General Form of Judgement or Order'? I 'm not aware of these being emailed. My experience with them is that they arrive by post from the Court.

In post #83 you said that you had sent off your acknowledgement of the claim and the defence. Who did you send your defence to?

Did you subsequently receive the Directions Questionnaire from the Court?

[Ripped-Off]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

On another note, if this is going to the fast track you could potentially end up with a large costs order if you lose.

You might want to consider adjudication as noted earlier in my posts. It ought to be less expensive, but since you have already taken steps to submit a defence that may not be an option.

The decision of the adjudicator will be binding but that will not prevent your opponent from taking the case back to court if he loses.

You can find out more information at http://www.rics.org/uk/join/member-a...-adjudication/

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

Hi I just responded to the forms I received through the post as they arrived. I sent acknowledgement and defence to the court and then the Directions questionnaire. I also sent off with my defence a copy of a letter which I received from their solicitor which they said the total owed was 14k. I don't know how they got to 20k as even if the job was completed in full this was no where near what I owed as I provided a lot of the fittings.

It also stated this as well !
We attache Draft Directions for the assistance of the Court. We have requested a formal and properly drafted Defence be filed by the Defendant. The document provided is in fact a Witness Statement. There
is no Statment of Truth and the Claimant is unable to rely upon the contents as it stands. The documentation refers to Without Prejudice correspondence, makes personal attacks on the Claimants Solicitors which is utterly untrue, and makes other unsupported allegations which should not be in a Defence document.
The Claimant will also wish to reply to the Defence. however we are unable to at this stage as we dont in fact exactly know what the Defendant is saying. The Defendant also needs to clarify whether there is a Counterclaim.

Not sure what this means as I filled out the forms as best I could with limited knowledge.

I can't believe I could be made to pay for items they did not provide and they never finished the job. The worry now is causing major stress and feel like a little fish in a big pond

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

Hi thank you for the link I am filling out the form this evening and see what response i get

[bb41]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

pps, that form from their solicitor was emailed to me..

I don't seem to have anything in my inbox ripped off

[Ripped-Off]

Re: Cowboy builders taking me to court with a no win no fee lawyer after 16 months.

You're either going to need help from a solicitor (which I would recommend) or should start a new thread. Your post will get lost if you keep it here, it's up to nearly 90 now.

Start a new thread in the "Received A Court Claim" section linking to this thread if you want to. You can leave out the early stuff as people can read this thread if they want the details.

The ones with experience of court forms and procedure will help out and show/explain how you should draft your defence. Start by reading this....

http://legalbeagles.info/forums/show...t-Court-Claims