building client vs onlyme

[ohitsonlyme]

I am a builder and recently carried out a garage conversion. (for context I have over 60 100% references on one of the builder search websites)

My Client was kept informed every day I was at his house on all positions of sanitary ware and other works

I was paid in full the agreed amount on completion and 2 days later he sent me an email saying that he was unhappy with the finish on a couple of aspects of the finish on the job.

Snagging is normal and I go out of my way to maintain my 100% ratings

He stated that he had lost confidence in me and had instructed ANO to carry out the snagging.this would have taken me less than a day to make good any issues

I was going on holiday the following day and didnt argue about this and said I would support it if I felt the cost was reasonable.

After my holiday I called the client to arrange for me to replace a pane of glass that was broken when delivered.

I arrived at his house.

The "new builder had completely removed a wall I had fitted with a pocket door in it, rebuilt the wall with a standard hinged door and moved the postion of the toilet which meant he had to uplift the flooring and drains to do so.


To say I was shocked at this re work is an understatement and I did tell my client this.

My client went on to tell me that the cost invoiced by the new builder was £2400 and that he expected me to pay for it

I had not approved the reworks or the cost involved,in my opinion my clients new builder took advantage and my client was naive to believe that I am liable.

I have tried to negotiate with him, I told him that I would pay £300 as a gesture of goodwill but he is adamant about going to small claims as he does not accept my offer

What do people think of the prospect of my client being successful with his claim,

He isnt following preaction protocols.

Onlymeagain

[JK2054]

if you said and you felt the costs were reasonable and they didnt check first then I'd argeu that they didn't mitigate their losses

also you haven't said the total cost of the job.

Not following PAP is annoying but doesn't mean much for SCC because SROE do not apply

[ohitsonlyme]

Total cost of the full garage conversion and new downstairs loo was £10,400 snagging costs would have been les than £300 for me to sort oit including my day rate

[Pezza54]

Whose Idea was it to install a pocket door? Pocket doors are more expensive to install than standard hinged doors, require more maintenance and can have user problems caused by sub-standard materials or poor installation.
I assume the work costing £2.4k was for alterations so a hinged door could be fitted
If the operation of the pocket door was the problem, your customer should have given you one chance to correct the fault
You said the customer had lost confidence in you but you didn't explain why

[ohitsonlyme]

The pocket door was included in my quote I often fit them as they save space in confined rooms like gargae conversions. The door was fitted correctly
The customer did not give a reason for loss of confidence I have 61 100% positive on my builder website
I wasnt given the opportunity to discuss or carry out any of the minor snagging that he told me about
He simply went ahead with ANO removing the pocket door and wall to give 2" extra space in the tollet


My query isnt have I done it right (there are often elements that are snagged after a job) I havent been given the opportunity to discuss or remedy his issues-surely this cannot be right.he has had different works carried out and expects me to foot the bill

He was at home every day and I communicate daily on progress and position of sanitary ware etc

He hasnt tried to negotiate a settlement only demand that I pay for something that I dont know about that he changed from the original spec

How do I defend this claim?

[Pezza54]

Going by what you have said, the client has a very weak claim. It doesn't make sense to remove a pocket door, demolish a new wall, alter the wc position and drainage to achieve an extra 2" of space
Your offer of a £300 refund for making good minor defects to finishings sounds fair and reasonable
Not much you can do but wait to receive the customer's LBA or court claim

[ohitsonlyme]

He has not sent a LBA only gave me 72hour notice to pay £1200 by email or he would make a claim for the full £2400

He entered a claim 1day after my reciept of the email sayig I would have expected the costs to be less than £300


Is his application an abuse of process

I cant download the claim details MCOL is doing my head in as you get 1 shot at entering the passcode and then need to ring for another
It's a real PIA to navigate the site

[DE DOGS]

My Son is a project manager, a family member purchased a new build, and they requested him to go and inspect the property before moving in, result, there were many faults to be rectified, and you should have had the opportunity to fix faults first, my opinion is if the property owner had been present at the time you built this garage, he should have pointed at the time what he required you do build, incidentally, where are the original plans? , because that is your proof of the job, then if the buyer tries to take this to Court, he will lose, just my thoughts.

[Pezza54]

You should start making diary notes of dates (starting and finishing work etc) and what was discussed with your client on site about the position of new partition and fittings. Make sure you save emails and texts about the job, especially the quote and the client's acceptance of the price for the work.
I have not used MCOL so I can't help you with that. There are published MCOL guidance notes
It doesn't sound as if the claimant is following standard pre-action protocol. That should go in your favour when you point this out in your defence, asking for the claim to be struck out

[JK2054]

He has not sent a LBA only gave me 72hour notice to pay £1200 by email or he would make a claim for the full £2400

He entered a claim 1day after my reciept of the email sayig I would have expected the costs to be less than £300


Is his application an abuse of process

I cant download the claim details MCOL is doing my head in as you get 1 shot at entering the passcode and then need to ring for another
It's a real PIA to navigate the site

pers id be asking it to be struck out for failing to comply with CPR and for being an absue of the courts process