Dispute with builder and action of remedial works by third party builders/me

[max100]

jaguarsuk pt2537 Amethyst des8

Hi all,

i have a long running dispute with a builder who disappeared from my home project a year ago [another thread you kindly helped me with]. I have many photos of the issues, a surveyors report and 3 quotes from different specialist contractors for remedial works - all noted in a clear financials spreadsheet. The builder is fully aware of these issues but chooses to ignore and just chase for money he claim is owed [ not paid as so many issues]. Some complex works ive paid out to get done by contractors and kept invoices. Other works are still to do. I can't do major works myself i/e new roof but due to the current economic situation I'm looking to do some of the small remedial works myself, of course I will photograph before and after. If/when this goes to court can I still refer to the 3 third party contractor quotes for each bit of works in my claim even if I do some items of the works myself and don't engage them? Thanks

[jaguarsuk]

No because you haven’t incurred that loss. You could claim for materials definitely, but I don’t know whether you could even claim for labour given the work provides you with value adding to your home.

See what others think.

[max100]

as an example the surveyor a year ago picked up decorative and plastering issues which I then obtained 3 quotes for remedial work for with the cheapest (and probably the most preferred tradesmen) at circa £2300. I didn’t start the work as it looked like the builder was going through with a court claim, but then discontinued it. Then I was looking to make a claim but had some personal circumstance which made me put it on hold. I can do circa £750 of this decorative work myself. But can I then still use the £2300 quote in any court claim/ defence? Seems crazy that I would have to pay for everything to be done in order to claim the monies, especially in the current times?
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thanks

[jaguarsuk]

You can only claim for your losses, so if you do £700 of work yourself and haven’t paid for it, then you can’t claim for it as you haven’t lost it.

You would only be able to claim for the amount you have to pay a tradesman to finish the work.

[max100]

Hi jaguars

ok so i understand to claim monies in court either as a claim or as a defence that I have to have paid a tradesman to carry out the remedial works and give me an invoice,
I can’t claim if I do myself (apart from for raw materials).

What happens in the scenario of new plastering @ £2200 plus vat which I can’t afford to carry out and a replacement roof @ £3000 plus vat which I have paid to have made watertight but still needs completely replacing (surveyor and 3 roofers recommendation) which I can’t afford to do. Essentially due to the current situation with work and the economy. If the builder makes a claim against me will the surveyors report,photos and quotes stand up as a defence/ claim in court even if I haven’t carried out the work yet?

It doesn’t seem right to me that I may have no recourse to claim moneys for incomplete/ defective works in court unless I shell out and get them fixed prior to court?

surely a win in court for me would give me comfort that I don’t owe the builder any monies for incomplete works and I can also claim for remedial works if approved by the judge.

thanks for your help.

[jaguarsuk]

Of course you can claim for work that needs to be done and you can claim for the cost of making the roof water tight plus the cost of replacing it. Those are your losses.

What I’m saying is that you couldn’t get a £3,000 quote to replace the roof that includes removal of the tiles and is itemised as £700 on the quote. But you agree with the roofer you’ll remove the tiles before they’re on site and so he only charges you £2,300.

You couldn’t then claim the £3,000 because you haven’t lost that amount, your loss is £2,300.

And the builder cannot claim against you again, they discontinued a claim and therefore would have to apply to the court with very good reason to resurrect the claim. Even if he did get permission you would still have to pay the same fees to counterclaim as you would to file your own claim.

As I have advised you previously you will need to file a claim to get this resolved.

[max100]

Thanks jaguars. Sorry if this doesn’t seem to be sinking in with me, Im trying.

So as long as I don’t do any of the remedial work myself I can claim In court against formal quotes for work that is required, even it it hasn’t been carried out at time of going to court?

ie so I could shell out and fix the roof now and get an invoice and then use that in a claim/ defence?

And likewise I could not shell out on the plastering and decorations, live with it for now and just keep the quotes to hand should this go to court by either the builder or me making a claim?

and I have 6 years from the date of the builder terminating the contract to make a claim or for him to make a claim?

you may ask why I have held back on making a claim - finances and stress.

have a good weekend and thanks for your help.

[jaguarsuk]

Yes, but if you don’t have work done the quotes will need to relatively around the time if you do leave it a while.

The builder cannot file another claim. If he did you would simply apply to strike it out.