Dispute with builder and responding to CCJ

[Panther]

I hope we can get some advise on this issue.

We recently had our bathroom renovated and are currently in dispute with the contractor. When the contractor completed the work he sent us the invoice for the final payment. We agreed with him that we will have a look around and if there is anything to be fixed, we can pay him when this is done. The payment terms agreed to on the quote states that the final payment is due upon completion.

However upon inspection we found a number of issues, some minor snags and others just incomplete and wrong installation. The contractor initially agreed to the payment being made upon completion of these issues.

The biggest issue which is the reason for the dispute is the positioning and installation of the bath. It is a freestanding bath and the intention was to have the bath central to the room with a gap between the bath and back wall. This was displayed on a plan view sketch of the bathroom installation, although not dimensioned. What we ended up with is a bath that is quite a lot off centre and against the back wall. Furthermore because it is against the wall they did not complete the silicone around the base of the bath. This incomplete silicone results in the bath wobbling when leaning against the edge. The freestanding taps is also installed incorrectly and water drips on the floor when operated at low pressure. The contractor gave some reasons for the off centre installation saying floor joists are in the way however I told him how it could be installed avoiding the joist, to which he didn’t have an answer. I can see why he doesn’t want to move the bath as it would mean removing tiles and damaging the underfloor heating.

The underfloor heating also does not work properly. The thermostat is set to measure floor temperature but is instead measuring ambient in the cupboard it was installed in. There is a hot water tank in the cupboard and therefore the underfloor heating really can’t be used properly.

The other things are relatively minor snags e.g. Gaps in tile grout and silicone to be redone in places etc.

The issue with the bath position has resulted in the contractor refusing to do any of the outstanding work and demanded immediate payment of the outstanding money or else he will go to his debt collectors.

At this point we contacted the Federation of Master Builders, whom the contractor is a member of, as they provide a dispute resolution service. We told the contractor we are doing this. The process is currently ongoing with the contractor refusing any compromise. We have offered for the bath to stay in its current position for a discounted payment without any success.

The contractor in the meantime had his solicitor, Thomas Higgins Ltd, sent us a letter before action demanding payment. And as we did not pay a claim has been filed against us. We were hoping the dispute resolution service will result in an agreement before we needed to respond with a defence but has unfortunately not happened.

We were hoping for some reassurance and advice to make sure our course of action so far is correct or whether we should pay up. Our defence, and potential counterclaim, is due to be submitted on 25/07/17. We’ve had another builder look at the work required and have a quote which could possibly be used as a counterclaim.

Please let me know if more details are required. I will look to formulate a defence and hopefully post for comment in the next day or so.

[Panther]

Re: Dispute with builder and responding to CCJ

So after reading some of the posts on the forum I gather that the defense should be kept relatively short at to the point. Below is my draft response.


The claimant was employed to renovate a bathroom. The payment schedule agreed to on the quotation stated that the final payment is due on completion. There are various items of the work that is not complete or not installed correctly:

1. The silicone bead around the base of the bath has not been installed all the way around the bath. Only to the visible part to the front.
2. Water from the freestanding taps to the bath drip on the floor when used at low pressure.
3. The freestanding bath has been installed in the incorrect position and against a wall.
4. The underfloor heating does not work properly. The floor sensor does not register on the thermostat.
5. No electrical certificate has been provided for the electrical installation.

Therefore the money claimed as per the particulars of the claim is not due for payment.

Please note that invoice HCH1220 was only sent on 22 May 2017 via email and therefore the interest should not be calculated from 20 May 2017.

As the defendant I have started the process of alternative dispute resolution with the claimant prior to this claim being filed. The claimant has not allowed that process to run its course prior to filing the claim even though he was informed.

Thank you in advance for any advise.

[Panther]

Dispute with builder and counterclaim

Hi all,

I have a question regarding granting an extension of time to a builder following a counterclaim on his claim to me. I do not want to grant this extension as the issue has been dragging on for nearly 10 weeks. I would prefer to settle this as soon as possible.

A bit of background. We had our bathroom renovated and then got into a dispute with the builder over the positioning of some items. This was different to the computer generated layout of the room. Eventually he filed a claim against my wife and we have since defended and submitted a counterclaim. One of the reasons for trying to resolve this as soon as possible is that my wife is pregnant and due in the next 10 weeks.

The builder's solicitor, Thomas Higgins Ltd, wrote to us requesting an extension of time of 28 days. I understand they have 14 days to respond without the extension.

Is there any negative consequence that may arise from not agreeing to the extension of time?

If needed I can post the defense and counterclaim wording if it will help.

Thank you

[Romeowhiskey4]

Re: Dispute with builder and counterclaim

Hi all,

I have a question regarding granting an extension of time to a builder following a counterclaim on his claim to me. I do not want to grant this extension as the issue has been dragging on for nearly 10 weeks. I would prefer to settle this as soon as possible.

A bit of background. We had our bathroom renovated and then got into a dispute with the builder over the positioning of some items. This was different to the computer generated layout of the room. Eventually he filed a claim against my wife and we have since defended and submitted a counterclaim. One of the reasons for trying to resolve this as soon as possible is that my wife is pregnant and due in the next 10 weeks.

The builder's solicitor, Thomas Higgins Ltd, wrote to us requesting an extension of time of 28 days. I understand they have 14 days to respond without the extension.

Is there any negative consequence that may arise from not agreeing to the extension of time?

If needed I can post the defense and counterclaim wording if it will help.

Thank you

Do you refer to the standard extension after receiving the claim form for them to respond with a defence? Thomas Higgins are the mass producers of claims. Is like a factory. They talk the talk but that's it. A lot of people in the building industry use them. If you challenge the claim then they will stat charging the claimant and then their £3 letter becomes a potential bill for a good few hundred.

[Panther]

Re: Dispute with builder and counterclaim

As far as I could figure out from online reading the claimant has 14 days to respond to a counterclaim. The process of acknowledging action to gain an extension when you are the defendant does not apply to the counterclaim. Our defense and counterclaim was submitted 26 Jul and we have still not seen a defense from the claimant. We have called the court where the case has been transferred to and they cant see one either , however, are saying they are weeks behind processing paperwork due to holidays... This is a very bad excuse seeing as we as defendants have strict deadlines to avoid an automatic judgement in the claimants favor.

Seeing as we didn't roll over and pay the builder, Thomas Higgins is not his solicitor anymore, likely due to the cost involved. In the meantime we are waiting on the court...

[jaguarsuk]

Re: Dispute with builder and counterclaim

As far as I could figure out from online reading the claimant has 14 days to respond to a counterclaim. The process of acknowledging action to gain an extension when you are the defendant does not apply to the counterclaim. Our defense and counterclaim was submitted 26 Jul and we have still not seen a defense from the claimant. We have called the court where the case has been transferred to and they cant see one either , however, are saying they are weeks behind processing paperwork due to holidays... This is a very bad excuse seeing as we as defendants have strict deadlines to avoid an automatic judgement in the claimants favor.

Seeing as we didn't roll over and pay the builder, Thomas Higgins is not his solicitor anymore, likely due to the cost involved. In the meantime we are waiting on the court...

This sounds like the builder can't be bothered with the effort to resolve his faults, thought a letter and claim would scare you into paying, but now has dug himself a hole.

The courts always seem to be behind on paperwork, so that doesn't surprise me in the slightest.