Builder nightmare/desperate for advice

[des8]

It's not a JCT contract. Would it help for me to upload it?

It would be useful to be able to scrutinise it.
It may contain a way forward, or even include unfair terms which could help your case.(or not!)

[Karengardner]

Contract ( removed )

[des8]

Suggest you delete that contract either entirely or remove any identification such as your name & address
I'll read it later today

[Karengardner]

I'm trying to delete it now

[Amethyst]

Done - I'll redact the pages and re upload xx

[Amethyst]

Sorry for scrappy redacting - shout if I missed anything xx

[Amethyst]

Rest ....

[Karengardner]

Thank you x

[Karengardner]

Hi DES8 did you get a chance to read the contract? Did anything immediately stand out to you?

I have emailed my children's dietitian to ask that they write an email outlining how essential a kitchen is to my children's health. If she does, it will be from great ormond Street hospital. I hope that may convince him to get the kitchen in...

[des8]

Well it does say it is a contract, but it doesn't say what for
It is really only the T&Cs of a contract.
Do you have a schedule of works,which includes a commencement and finish date, and hopefully a project schedule?

There should be a clause allowing either of you to cancel the contract if the other seriously fails to meet their obligations
IMO leaving the property not water tight is a serious failure on the part of the builder (tagging wales01man for an opinion on that)
and he has not met his obligations.
You could possibly use that to cancel and bring in other contractors at Oakhaus' cost.
However that is easier said than done as you have to find a contractor prepared to rectify and complete someone else's work.
You then have to get your money back from Oakhaus (who possibly has no assets)

There is a mediation clause, and it could be worthwhile exploring that option, as it is much cheaper and less stressful than court action.
However mediation is entirely without prejudice and would only become legally binding you have agreed a settlement, AND it is deduced to writing AND then signed. Until it is signed, the process is not legally binding.

While waiting for the solicitor to respond, see if you can obtain quotes to rectify and complete the work.

[Karengardner]

We have started that already. Its the kitchen creating the most stress. I need one desperately! My girls have this extremely rare condition where if they don't have a precise amount of protein each day, it's brain damage.

There is no schedule of works, he has always refused one when asked in the past. I believe he has breached the contract through unreasonable amount of time taken, he has not adhered to building regulations in terms of acoustic insulation between first and second floors, although he says he can argue that through the existing building not having any??

DES8, do I need to get a solicitor now? If so, I would be grateful for any recommendations. Our insurance does not cover legal support so we will need to pay ourselves. What kind of deal would I ask solicitors for?

In terms of mediation, would I need to wait for that to conclude before organising a kitchen myself, despite the situation I have with my children? Do I need a structural survey prior to this?

I'm sorry for asking so many questions. I feel very alone and anxious.

I'm a social worker if I can ever return the favour in terms of advice!

[Karengardner]

Had this interaction with his solicitor. I feel so out of my depth...

Dear Karen



Thank you for your email.



The suggested actions to be taken by you are no doubt premature. My client needs the opportunity to take independent legal advice. Please confirm if a) there is extension of time to be allowed on considering the content of your email or b) you intend to (or have already taken) your intended actions.



We are hopeful that this matter can be resolved amicably.



We await hearing from you. Our client’s right to draw the content of this letter to the attention of the Court remains strictly reserved.



Yours sincerely


My response..........

Dear Raman,


I sent you a further email letting you know that as I had been informed that Mr Harvey was away, I was happy to extend the deadline until 5pm on 1st October 2019. This is in the interest of finding a satisfactory, timetabled solution.

I have also requested medical advice from Great Ormond Street Hospital to support Mr Harvey's understanding of the urgency of the matter. My children rely on a strict diet and must have a specified number of grams of protein each day, or they will suffer irreversible brain damage. Time is of the essence. Mr Harvey has been repeatedly told this.

We requested evidence from Mr Harvey that he purchased our kitchen (fully paid for in March 2019), this has not been provided.

Currently our complaint is around breach of contract. I would hate to have to add medical damages if any harm comes to my children as a direct result of Mr Harvey's breach of said contract.

Please confirm that you intend to respond to reasonable suggested timetabling of works by 5pm on 1st October 2019.

Should this matter need to go before a judge, I will share all correspondence requested.

Many thanks

Karen Gardner

[des8]

The first action is to ascertain exactly what is required and how much it will cost.

If he is not cooperating, and you can't reach a quick settlement this whole debacle could drag on.
Mediation might produce a result, but if not and you are left with court action it will take time, possibly upto 6 months before the case reaches court

As the kitchen is so vitally important for your children's welfare you could give him notice that if he doesn't commence work on the kitchen within say 7 days you will have a cheap working kitchen installed and look to him for reimbursement.
If he agrees to install the kitchen you need to have a firm completion date, with penalty clauses if he fails to meet that time
You would have to pay for the cheapo and try and recover the cost later, but in view of the importance to your childrens' welfare it might be worth considering.

[wales01man]

Agree with what des8 says disgusting way for a builder to carry on can I ask if he is on any of these traders sites ? The OP needs a suitable qualified professional here and a solicitor even a free half hour consultation should help.

[Karengardner]

Thank you DES8.

His solicitor responded asking for extension to his response to Friday 4th. I think this shows I'm being reasonable. Do you think I should include your suggestion in the email I send confirming this?