Tweet
Help please, counterclaim against builder
Good morning and thank you for letting me join. I had a new kitchen and other works started and asked for a quote for prices for extra work which was not to be undertaken at this time as there was a portion covered by an insurance claim but he added all the work to this quote. So I had two quotes one for potential plus work to be undertaken and one for just the works undertaken. I have not given his quote to the insurance but have appointed someone else to do the other works.
Unfortunately, his work was shocking and I asked him to rectify the problems before he had completed and full payment. He agreed some things were done badly but only agreed to rectify a small amount which I did not agree with.
I asked him to stop working until I sourced replacements he accepted he had damaged. I wasn't convinced he would be able to complete the remaining work or rectify the problems to an acceptable fashion. He also caused a leak underneath my new flooring which needs replacing but fixed the leak before leaving. He seemed to be fitting my jobs in around others.
I wrote him a letter itemising my concerns and stating I would bill him if he didn't rectify the work and I had to get someone else. Sadly, I didn't send it recorded post so can only prove I wrote it and received no reply.
I received one subsequent visit and one text from the builder asking for payment but nothing in writing or final demand. I explained I would pay if he rectified and finished the work to a satisfactory level and asked again for his indemnity insurance details for my flooring but received nothing.
By this time I had asked for rectifying costs from other builders and the kitchen needed ripping out and starting again amongst other things. My heart sank.
Unfortunately, due to personal circumstances I couldn't have anyone in my house for some time and due to his behaviour towards me I did not contact him expecting to be sent a written demand so we could negotiate. Nothing transpired.
I've received a money claim from him for the amount of the quote including works I can prove he didn't undertake. The date on his claim is before the last date he attended my house to continue work, but his statement of truth states 'he had finished the work, I was happy and now won't pay'. There were 5 people in my house that day so I can prove he hadn't finished and I wasn't happy.
No quotes have dates or full details on and are hand written and prices are more expensive on the larger quote than the quote for work actually undertaken. I have texts asking him for an itemised bill for the works undertaken and asking when would he finish the work after the date on his money claim. I also have a dated and signed receipt for money paid towards the bill.
At first I was very worried and accidentally just defended the claim as but now I realise I need to put in a counterclaim for my costs. I'm new to all this...
My question is I want to defend the claim as it fraudulent firstly and counterclaim so do I fully or partially defend or give him some out of court money and counterclaim? I am not sure if my payment already given will cover costs rightly due to him but my rectifying counterclaim costs will be more. Is this taken into consideration for my defence costs?
I have been told I could claim for time spent preparing for court which is a lot of hours, is this applicable? I have also been told I can claim for disruption/loss due to delay in rectifying works, is this true?
I have sent him a letter asking for an independent agent to assess the works and costs to both sides. A letter asking him if he is a member of a trade association. A letter of deadlock reiterating the problems with the work, no response from previous letters and offered mediation/arbitration in all letters and resent the initial letter all by recorded delivery but no response even outside the timescale. I have yet to present him with my bill for works and replacements. Do I need to send this before I counterclaim as I realise time maybe short before I get a court date.
Thank you for reading.
Unfortunately, his work was shocking and I asked him to rectify the problems before he had completed and full payment. He agreed some things were done badly but only agreed to rectify a small amount which I did not agree with.
I asked him to stop working until I sourced replacements he accepted he had damaged. I wasn't convinced he would be able to complete the remaining work or rectify the problems to an acceptable fashion. He also caused a leak underneath my new flooring which needs replacing but fixed the leak before leaving. He seemed to be fitting my jobs in around others.
I wrote him a letter itemising my concerns and stating I would bill him if he didn't rectify the work and I had to get someone else. Sadly, I didn't send it recorded post so can only prove I wrote it and received no reply.
I received one subsequent visit and one text from the builder asking for payment but nothing in writing or final demand. I explained I would pay if he rectified and finished the work to a satisfactory level and asked again for his indemnity insurance details for my flooring but received nothing.
By this time I had asked for rectifying costs from other builders and the kitchen needed ripping out and starting again amongst other things. My heart sank.
Unfortunately, due to personal circumstances I couldn't have anyone in my house for some time and due to his behaviour towards me I did not contact him expecting to be sent a written demand so we could negotiate. Nothing transpired.
I've received a money claim from him for the amount of the quote including works I can prove he didn't undertake. The date on his claim is before the last date he attended my house to continue work, but his statement of truth states 'he had finished the work, I was happy and now won't pay'. There were 5 people in my house that day so I can prove he hadn't finished and I wasn't happy.
No quotes have dates or full details on and are hand written and prices are more expensive on the larger quote than the quote for work actually undertaken. I have texts asking him for an itemised bill for the works undertaken and asking when would he finish the work after the date on his money claim. I also have a dated and signed receipt for money paid towards the bill.
At first I was very worried and accidentally just defended the claim as but now I realise I need to put in a counterclaim for my costs. I'm new to all this...
My question is I want to defend the claim as it fraudulent firstly and counterclaim so do I fully or partially defend or give him some out of court money and counterclaim? I am not sure if my payment already given will cover costs rightly due to him but my rectifying counterclaim costs will be more. Is this taken into consideration for my defence costs?
I have been told I could claim for time spent preparing for court which is a lot of hours, is this applicable? I have also been told I can claim for disruption/loss due to delay in rectifying works, is this true?
I have sent him a letter asking for an independent agent to assess the works and costs to both sides. A letter asking him if he is a member of a trade association. A letter of deadlock reiterating the problems with the work, no response from previous letters and offered mediation/arbitration in all letters and resent the initial letter all by recorded delivery but no response even outside the timescale. I have yet to present him with my bill for works and replacements. Do I need to send this before I counterclaim as I realise time maybe short before I get a court date.
Thank you for reading.
Comment