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I started a double loft and kitchen (side & rear) extension job in October 2017. I hired a builder, who was recommended by my architect brother-in-law (in good faith). The scope of the job was agreed for a total sum of £60,000, with the verbal agreement that the job would be finished by the end of November 2017.
As soon as the work started, it started becoming clear that (i) the quality of work was sub-standard; (ii) several tasks were botched up with significant damages to existing structure; (iii) multiple instances of disregard to original advice from the architect; (iv) house where we continued to live with small kids was rendered dangerously unsuitable to live (with the bathroom ceiling collapsing one fateful night). The builder continued to mislead me regarding the progress of the project, while I naively paid him £5,000 every week as per the originally agreed payment schedule. By the end of November, I had ended up paying £35,000. Having dragged the project to over 6 weeks beyond the original schedule, he decided to start the structural work in the ground floor extension (against my advice). As soon as the kitchen ceiling was propped up by acrows to install the beam, he called me late in the night in January to demand that I pay him £10,000 otherwise he will stop the work and leave the house in a dangerously unsafe situation. By this time, I was fed up to the gills to give in to any of his demand. I asked him to see me immediately in person or else I would report him to the police. Since then, the builder has been absconding with the work less than 30% finished and whatever was done was extremely shoddy and sub-standard.
After that scumbag builder left, it took me another 2 builders (with another one turning out to be a rogue/cowboy builder) and 7 more months to finish the whole job. Given the long catalogue of errors by the 1st builder, it ended up costing me over £100,000 to get the project completed.
As soon the builder abandoned the work in January, I got a RICS surveyor to provide me with an Expert Witness Report to catalogue the mistakes in the builder’s job and to estimate the cost of fixing the problems and completing the original scope of work. As per the estimates in the report, the builder should refund me over £20,000 of the £35,000 that I had paid to him. I have several photographic & videographic evidence of the quality of work at different stages. I also have records of all the messages that were exchanged between me and the builder. I even have audio records of our face-to-face conversations during the last month at job when it was clear that the builder was looking to run away. Additionally subsequent builders who completed the job are more than willing to testify about the quality of the 1st builder’s job. When the builder left the job, I sent him 2 letters detailing the quality of work and unfinished job and demanding that he partially refund the payment to enable me to complete the job. As expected, the builder has ignored those letters.
It has been a long struggle and a bitter experience. In the hindsight, I should have been smarter with my payment, or should have kicked the builder out much earlier (but I was constrained by the fact that I had naively paid him too much in advance). To cut the long sorry story short, now that the project is complete, I would like to take legal action against the builder.
The reason I have made this long post is that I want to have more clarity from the forum members regarding the course of action that I should take.
1. Lack of Signed Written Contract:
Before the work was initiated, my architect brother-in-law drew up a contract detailing the scope of work and the value of contracted job (at £60,000). The copy of contract was sent to the builder by email. Unfortunately, since the things were hunky dory before the start, I never insisted that the builder hand me a signed copy of the contract.
Luckily all the payment that I made (£35,000) have all been made through bank transfer to the builder account, which is all on record. Mid-way when I saw that the project was slipping on time and quality, I sat down with the builder to draw up a detailed schedule of job to be completed. This schedule was hand-written by the builder himself, of which I have the copy. Furthermore, I have records of all messages and emails exchanged with the builder. I even have audio records of our face-to-face conversations during the last month at job when it was clear that the builder was looking to run away.
So even though the contract wasn’t formally signed up the builder, the agreement was implicit.
Do you think the lack of signed agreement gives the builder a wriggle-room to argue that there was no enforceable contract in place?
Does this make my plan of taking legal action a pointless exercise?
2. I don’t have builder’s current address:
At the point when the builder absconded, I asked him to provide me with his current address, to which he brazenly replied in mobile text “find me if you can”. I have the builder’s bank details, phone numbers, email, vehicle registration number, details of his previous companies on Companies House (which he has dissolved) and his mother’s address (whom he frequently visits); but I don’t have his current address. How do I serve him a legal notice? So far I have sent him 2 letters to his email and whatsapp account.
It is not that the builder is physically missing (since he is very much around and continues to scam other unsuspecting households), it is just that I don’t know his current address on which the legal notice can be served. I twice contacted the local police to help me trace him so that I could initiate legal action against him, but the police refused to provide the detail (or understandably get involved). However, the police did suggest that if a solicitor were to write to them then they may be able to provide the builder’s current address.
Is not knowing the current address where to serve the legal notice an impediment for initiating a legal action?
Can the legal notice be sent his old address (mother’s which he visits frequently, and which is what he told me his address was at the start of the contract) or by email etc.?
3. Sole Trader:
The builder currently (or at the time of work) doesn’t trade as a limited company but as a sole trader. From Companies House records, it is obvious that he has dissolved his 2 earlier companies. My understanding is that being a sole trader his liability is unlimited (unlike if he were company then he could easily file a bankruptcy and wash his hands of any monetary compensation).
For the amount I am looking to claim (~£20-25k), how can a court enforce compensation payment or refund (assuming that I get a favourable decision)?
Esp. if he declines to make a payment?
What if he doesn’t contest the claim or show up at the court for hearing? What good is “judgement in default’?
Can experienced forumers enlighten me about my options for getting the compensation payment? I am not really interested in winning the claim if I don’t get the compensation (due to lack of enforceability).
4. Which Court to file claim in?
Given the level of compensation claim (>£10k), smalls claims court is obviously not the right choice (even though I have previous familiarity/experience of successfully winning a claim in a small claims court).
What are the options for me: Fast track/multi-track, county court or magistrate’s court?
Where do I have best chance of enforcement of claim of ~£20-25k?
5. Delay in Filing the Claim:
The builder left the work at the start of the year (January 2018). I had been wanting to take legal action against the builder, but combination of headache of incomplete project and personal circumstances prevented me from initiating it thus far. It so happens that the roofing work done by the builder is now leaking from several places into my 1st floor and loft rooms. So every time it rains these days, we need to take out pots and pans to collect the leak. This further strengthens my resolve and gives me additional reasons to take the builder to the court.
Will the delay (i.e. 10-11 months lapse since his abandoning the job) in filing the legal claim count against me?
What is reasonable period beyond which the court will not admit the legal action?
Apart from the issues that I have highlighted above, I believe that I have a justifiable ground of making a successful claim against the builder. I would very much appreciate if experienced forum members can provide the right advice and answer the queries I have raised. I am in the process of contacting few solicitors and getting professional help, but I would like to get some educated pointers before I hire the right specialist (the last thing I want is to hire a cowboy solicitor and get another tumultuous ride).
Many thanks in advance.
As soon as the work started, it started becoming clear that (i) the quality of work was sub-standard; (ii) several tasks were botched up with significant damages to existing structure; (iii) multiple instances of disregard to original advice from the architect; (iv) house where we continued to live with small kids was rendered dangerously unsuitable to live (with the bathroom ceiling collapsing one fateful night). The builder continued to mislead me regarding the progress of the project, while I naively paid him £5,000 every week as per the originally agreed payment schedule. By the end of November, I had ended up paying £35,000. Having dragged the project to over 6 weeks beyond the original schedule, he decided to start the structural work in the ground floor extension (against my advice). As soon as the kitchen ceiling was propped up by acrows to install the beam, he called me late in the night in January to demand that I pay him £10,000 otherwise he will stop the work and leave the house in a dangerously unsafe situation. By this time, I was fed up to the gills to give in to any of his demand. I asked him to see me immediately in person or else I would report him to the police. Since then, the builder has been absconding with the work less than 30% finished and whatever was done was extremely shoddy and sub-standard.
After that scumbag builder left, it took me another 2 builders (with another one turning out to be a rogue/cowboy builder) and 7 more months to finish the whole job. Given the long catalogue of errors by the 1st builder, it ended up costing me over £100,000 to get the project completed.
As soon the builder abandoned the work in January, I got a RICS surveyor to provide me with an Expert Witness Report to catalogue the mistakes in the builder’s job and to estimate the cost of fixing the problems and completing the original scope of work. As per the estimates in the report, the builder should refund me over £20,000 of the £35,000 that I had paid to him. I have several photographic & videographic evidence of the quality of work at different stages. I also have records of all the messages that were exchanged between me and the builder. I even have audio records of our face-to-face conversations during the last month at job when it was clear that the builder was looking to run away. Additionally subsequent builders who completed the job are more than willing to testify about the quality of the 1st builder’s job. When the builder left the job, I sent him 2 letters detailing the quality of work and unfinished job and demanding that he partially refund the payment to enable me to complete the job. As expected, the builder has ignored those letters.
It has been a long struggle and a bitter experience. In the hindsight, I should have been smarter with my payment, or should have kicked the builder out much earlier (but I was constrained by the fact that I had naively paid him too much in advance). To cut the long sorry story short, now that the project is complete, I would like to take legal action against the builder.
The reason I have made this long post is that I want to have more clarity from the forum members regarding the course of action that I should take.
1. Lack of Signed Written Contract:
Before the work was initiated, my architect brother-in-law drew up a contract detailing the scope of work and the value of contracted job (at £60,000). The copy of contract was sent to the builder by email. Unfortunately, since the things were hunky dory before the start, I never insisted that the builder hand me a signed copy of the contract.
Luckily all the payment that I made (£35,000) have all been made through bank transfer to the builder account, which is all on record. Mid-way when I saw that the project was slipping on time and quality, I sat down with the builder to draw up a detailed schedule of job to be completed. This schedule was hand-written by the builder himself, of which I have the copy. Furthermore, I have records of all messages and emails exchanged with the builder. I even have audio records of our face-to-face conversations during the last month at job when it was clear that the builder was looking to run away.
So even though the contract wasn’t formally signed up the builder, the agreement was implicit.
Do you think the lack of signed agreement gives the builder a wriggle-room to argue that there was no enforceable contract in place?
Does this make my plan of taking legal action a pointless exercise?
2. I don’t have builder’s current address:
At the point when the builder absconded, I asked him to provide me with his current address, to which he brazenly replied in mobile text “find me if you can”. I have the builder’s bank details, phone numbers, email, vehicle registration number, details of his previous companies on Companies House (which he has dissolved) and his mother’s address (whom he frequently visits); but I don’t have his current address. How do I serve him a legal notice? So far I have sent him 2 letters to his email and whatsapp account.
It is not that the builder is physically missing (since he is very much around and continues to scam other unsuspecting households), it is just that I don’t know his current address on which the legal notice can be served. I twice contacted the local police to help me trace him so that I could initiate legal action against him, but the police refused to provide the detail (or understandably get involved). However, the police did suggest that if a solicitor were to write to them then they may be able to provide the builder’s current address.
Is not knowing the current address where to serve the legal notice an impediment for initiating a legal action?
Can the legal notice be sent his old address (mother’s which he visits frequently, and which is what he told me his address was at the start of the contract) or by email etc.?
3. Sole Trader:
The builder currently (or at the time of work) doesn’t trade as a limited company but as a sole trader. From Companies House records, it is obvious that he has dissolved his 2 earlier companies. My understanding is that being a sole trader his liability is unlimited (unlike if he were company then he could easily file a bankruptcy and wash his hands of any monetary compensation).
For the amount I am looking to claim (~£20-25k), how can a court enforce compensation payment or refund (assuming that I get a favourable decision)?
Esp. if he declines to make a payment?
What if he doesn’t contest the claim or show up at the court for hearing? What good is “judgement in default’?
Can experienced forumers enlighten me about my options for getting the compensation payment? I am not really interested in winning the claim if I don’t get the compensation (due to lack of enforceability).
4. Which Court to file claim in?
Given the level of compensation claim (>£10k), smalls claims court is obviously not the right choice (even though I have previous familiarity/experience of successfully winning a claim in a small claims court).
What are the options for me: Fast track/multi-track, county court or magistrate’s court?
Where do I have best chance of enforcement of claim of ~£20-25k?
5. Delay in Filing the Claim:
The builder left the work at the start of the year (January 2018). I had been wanting to take legal action against the builder, but combination of headache of incomplete project and personal circumstances prevented me from initiating it thus far. It so happens that the roofing work done by the builder is now leaking from several places into my 1st floor and loft rooms. So every time it rains these days, we need to take out pots and pans to collect the leak. This further strengthens my resolve and gives me additional reasons to take the builder to the court.
Will the delay (i.e. 10-11 months lapse since his abandoning the job) in filing the legal claim count against me?
What is reasonable period beyond which the court will not admit the legal action?
Apart from the issues that I have highlighted above, I believe that I have a justifiable ground of making a successful claim against the builder. I would very much appreciate if experienced forum members can provide the right advice and answer the queries I have raised. I am in the process of contacting few solicitors and getting professional help, but I would like to get some educated pointers before I hire the right specialist (the last thing I want is to hire a cowboy solicitor and get another tumultuous ride).
Many thanks in advance.
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