Clad on roof

[Spratmum72]

Had a glass conservatory roof which was too hot in summer so decided to have a re roof. We chose a company who offered composite tiling and were asked if we wanted them to apply for building regs which we said yes to..and waited for commencement. 8 weeks later the building guys arrived and stripped glass roof, laid the Battens on the existing aluminium Struts etc. We were advised the whole thing would take 3 days however after 2 days no further electrical or plastering was done. We tried calling and messaging the company all week to no avail, then at 1900 hours there was an email to say plasterer due next day. We advised there had been no contact all week so we had plans and to put on hold. Which they did.After some googling on reviews this company we were alarmed at some reviews so we contacted our local council who said no building regs had been applied for and it was mandatory! So we applied for regularisation report. This is currently under way. But, in the meantime the company Instead of talking to us first made arrangements for plasterer to attend again giving us less than 7 hours notice. To which we again said please don’t send and gave the reasons why. The owner then said we were being obstructive to the works and would charge us for two days plasterer fees £450 each day! We feel this company is being less than honest as they do not answer calls from customers and do not give guarantees on completion of works according to reviews. They obviously have not applied for building regs. In fact they say they have applied but have not paid yet. Our council say there’s no application from them. If this job is not being satisfactorily handled or carried out are we at liberty to withhold the final £2500 payment due after work completed? Although guarantees have been issued by them in the past the wording is misspelt and are photocopies. Can we insist on withholding payment until a legal guarantee is produced and can we deduct the regularisation payment of the cost in total of the work we have to pay for from any final payment given to them? We are also concerned we were not advised this was clad on roofing and are now worried the roof might not be capable of withstanding snow and weight although our previous was glass.

[Law Student 3]

Celestine ULA
Hello, I understand how frustrating this can be for you. I understand why you would want to withhold the money however that might not be the best option because it can put you in a deadlock situation and it can be seen as you breaking your contract. I would suggest for you to talk to the company and let them know you have had to apply for building regulation as the council told you they have not and if they can deduct that from the costs. Also, I would suggest asking them if they have any formal complaint procedure. If they do, you can make a formal complaint regarding all of the problems you have had. If they do not have such a procedure you can ask them or find out if they are part of any trade association/union and complain to them. If neither of these options resolves your issue you can try ADR schemes or contact the Trading Standards.

I hope this helps and if you have any further questions just come back to this thread.

[Celestine]

I would add that IF this is a rogue trader then payment should be withheld until clarity is achieved. The failure to apply for Building Control permission would in itself be a serious breach of any contractual arrangement. The risk of completing a project without BC could become considerable so control of the situation must be sought at this stage by formal complaints, every communication in writing and involvement of any relevant bodies like Trading Standards. Ultimately this matter could end up in the county court if the builder wants payment and that would expose any failures on his part.

[echat11]

The Consumer Rights Act 2015 states that consumers who enter contracts for goods and services can expect these to be supplied with reasonable care and skill.

https://www.legislation.gov.uk/ukpga...ntents/enacted

I would keep detailed diary of events / take photos and keep all communication in writing email / text.

[Spratmum72]

Further update to re roof issue. The contractor states he will not pay for the building Regularisation report ie building regs after work has started as we went behind their backs and paid separately. Apparently they take a dim view of this! We have now paid two payments of £2500 each with final payment on completion of works yet they now wish us to pay a further £1500 Balance after plasterer and electrician. My gut tells me if we pay this we will not see them again as their costs would be covered and we will not see the work completed. They say they’ve not breached any contract but we have it signed 3 days work 19,20,21 July! Can we get someone in to complete this work and withhold funds for final payment or must we follow through and lose the regularisation payment paid for by us.

[Spratmum72]

I wish to add that the final balance is £2500 but the contractor is asking for a further £1500 to get the work done now and points out building materials have shot through the roof. None of which is our fault. Today the plasterer should have attended but we presume as the company did not respond to our proposals this will not happen.

[des8]

Do you have a written contract?

[Celestine]

I can validate that building materials, especially sheet timbers, cement, sand are in short supply and have seen 40% price increases. Whatever you decide with this chap, get it locked down in writing. Have you checked that he's a 'fixed asset' in terms of his business and identity?

[Spratmum72]

We do have a fixed contract and we have given him two weeks notice to finish the job or we will get someone else in and deduct what we have paid from our balance. This has been advised by solicitor. As it is under £10,000 we won’t get our legal fees back but the same applies to him if it were to go to small claims court. He was trying to get us to pay the final amount plus £1500 which we aren’t obliged to pay.