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Taking builders to court

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  • Taking builders to court

    Hello
    As you can see, I am new here as I've only just found this forum. Wishing I'd found it sooner as read over a lot of threads and seems there are some great people giving some great advice!
    Anyway, I'm posting this as my husband and I are in the process of taking our builders to court - to cut a long story short a 10 week build got to over 30 weeks, we gave them (in writing, via email) extensions under duress to get it finished 4 times, which they never met, so eventually we asked them to leave. Since then we've had outside professionals in, one of which (electricians) condemned a lot of the work our builders had done and discovered they hadn't earthed anything in the house (they covered over the old earthing rod and never installed another).
    Currently we've been through the useless 1 hour mediation, where the builders just denied doing anything wrong and are counter-claiming against us for their last payment (we paid in instalments). So we're now waiting for a court date.
    My main worry is that we never had a "proper" contract. We have emails, within which we have the builders confirming the original 10 week build schedule and the price of the job, accept the plans we had drawn up etc. My husband says this will stand up in court. What do you all think? I'm just worried we may not have a leg to stand on as there's nothing signed as such.... do emails count? And if we have professionals willing to stand up in court and say the work was the worst they'd ever seen... surely we should win? I've never been through anything like this and it's worrying the hell out of me!
    Thanks for listening to my ramblings and I am sure I need to clarify things but wanted to get the gist of my "problem" onto the forum for advice!!
    Tags: None

  • #2
    Re: Taking builders to court

    Whilst not a formal contract, if you have the original plans, timescales and costs, agreed time extensions and any concerns either in writing or email then this should be deemed suitable by a court.

    Did you agree a penalty with the builder if work was not completed on time?

    Were there any variations requested to the original plans during the build that could have delayed completion?

    Was the builder a member of the FMB (Federation of Master Builders) or similar organisation?

    If the work was substandard and potentially dangerous then you may also be able to claim for the cost of correcting the work carried out too. The electrician should have been certified and carried out works to the correct applicable standard, if not they may also be prosecuted for their failings.
    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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    • #3
      Re: Taking builders to court

      Sorry not clear to me what you are asking for - are you taking the builders to court to get some off the money back you paid them, of so how much are we talking about?

      Comment


      • #4
        Re: Taking builders to court

        Originally posted by Tools View Post
        Was the builder a member of the FMB (Federation of Master Builders) or similar organisation?
        Is there a Federation of Master Baiters? :grin:

        The electrician should have been certified
        As a lunatic?

        Comment


        • #5
          Re: Taking builders to court

          I agree with Tools on this.

          Although it is obviously better to have a written contract, the contract can be implied from letters, emails or even verbally, providing there is adequate proof.

          If you have documented evidence (photo's are good) and witness statements from other respected professionals as to the substandard work (incorrect earthing can be lethal), the cowboys will probably find themselves in the O.K. Corral!.
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

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          • #6
            Re: Taking builders to court

            Sorry, been busy with the kids so not had a chance to come and look at the replies.

            We're taking them to court for £4.5k to put right the things they've done wrong (electrics (we've had these fixed, cost £2k), render, plastering, wiring, the list goes on) and to make matters worse we've noticed today that the roof is leaking in one corner as the plaster has started to bubble and there's a water-stain appearing.

            No, we didn't put any penalty clause in for not finishing within the 10 weeks. Will that be a finite mistake by us or can we get around this?

            I suppose I now have a new question. Can we now change the amount we're taking them to court over as we'll now have to get the roof repaired. I swear it's just one thing after another.

            Comment


            • #7
              Re: Taking builders to court

              Originally posted by EmilyW
              No, we didn't put any penalty clause in for not finishing within the 10 weeks. Will that be a finite mistake by us or can we get around this?
              The absence of a penalty clause is not a problem. These are more common in large commercial contracts.

              Can we now change the amount we're taking them to court over as we'll now have to get the roof repaired.
              You can amend the claim, but you must show good reason.

              Comment

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