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I came into dispute with my builder in August 2020. I paid a deposit and when he demanded M1 payment I looked at the work and I was not happy with the standard, nor that enough work had been done and rework was required.
We went through the snagging works. He denied some of the smaller tasks refusing to carry out the work. For example, a box for shower head to be recessed into. This was despite the fact that I had it confirmed in writing in an email from him, so his argument was it wasn’t specified on the contract.
Next, the bathroom was supposed to be fitted, he had partially reboarded one wall but it wasn’t even level or straight, or fixed properly amongst other issues. He refused to put it right without further payment. At this point we entered dispute.
I wrote an email to him where I offered time of essence to resolve the issues with the current work, which he refused to do unless I paid for it. He then raised a claim against me through a solicitor, this was for full contract payment saying I was in breach of the contract, under pre-action protocol. I was able to dispute his claim as I had all the conversations and agreements backed up in email or message chats. I had also contracted a survey to be undertaken as well as quotes & costs provided by other builders. The survey supported my decision to stop payment, it highlighted the poor standard of workmanship and evidence to back my counterclaim. There is also lots of photographic evidence. I responded recently by submitting my counterclaim in full for all monies paid to the builder to date, and damages and fulfilment of the contract that he breached by claiming the total payment I’ve made to another contractor who redid the work and completed the contract work to a satisfactory standard. I also submitted a copy of the survey.
His solicitor has written to say they will not take the matter further and want confirmation I will not pursue my counterclaim.
However, I wish to continue with my counterclaim, so I would be grateful for any advice. In my previous letter to his solicitor I said I was willing to use ADR to help resolve the matter, which has been ignored. Yet, if they do not wish to pursue the claim it is this no longer relevant? Do I need to start my own claim? Should I ask for details of the contractors indemnity insurance to start my own claim? Should I ask if they belong to a trade association? I found them on check a trade, should I contact the site and send details of the claim and issues I’ve experienced with this builder? Should I inform the builder that I will be pursuing my claim and taking legal action and suggest if ADR is rejected, then I’ll take the matter to small claims court?
If anyone could help me with this matter and offer guidance & advice, that would be brilliant.
We went through the snagging works. He denied some of the smaller tasks refusing to carry out the work. For example, a box for shower head to be recessed into. This was despite the fact that I had it confirmed in writing in an email from him, so his argument was it wasn’t specified on the contract.
Next, the bathroom was supposed to be fitted, he had partially reboarded one wall but it wasn’t even level or straight, or fixed properly amongst other issues. He refused to put it right without further payment. At this point we entered dispute.
I wrote an email to him where I offered time of essence to resolve the issues with the current work, which he refused to do unless I paid for it. He then raised a claim against me through a solicitor, this was for full contract payment saying I was in breach of the contract, under pre-action protocol. I was able to dispute his claim as I had all the conversations and agreements backed up in email or message chats. I had also contracted a survey to be undertaken as well as quotes & costs provided by other builders. The survey supported my decision to stop payment, it highlighted the poor standard of workmanship and evidence to back my counterclaim. There is also lots of photographic evidence. I responded recently by submitting my counterclaim in full for all monies paid to the builder to date, and damages and fulfilment of the contract that he breached by claiming the total payment I’ve made to another contractor who redid the work and completed the contract work to a satisfactory standard. I also submitted a copy of the survey.
His solicitor has written to say they will not take the matter further and want confirmation I will not pursue my counterclaim.
However, I wish to continue with my counterclaim, so I would be grateful for any advice. In my previous letter to his solicitor I said I was willing to use ADR to help resolve the matter, which has been ignored. Yet, if they do not wish to pursue the claim it is this no longer relevant? Do I need to start my own claim? Should I ask for details of the contractors indemnity insurance to start my own claim? Should I ask if they belong to a trade association? I found them on check a trade, should I contact the site and send details of the claim and issues I’ve experienced with this builder? Should I inform the builder that I will be pursuing my claim and taking legal action and suggest if ADR is rejected, then I’ll take the matter to small claims court?
If anyone could help me with this matter and offer guidance & advice, that would be brilliant.
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