Problem with builder

[HannahHerts]

Re: Problem with builder

I believe the OP said he was a sole trader not a limited company.

Unless he disposes of all of his personal assets then I shouldn't think it would be too much of a problem suing him personally. The OP may even be able to obtain a Charging Order, but I think you have to get a judgement in your favour first.

I've looked up charging orders, and these relate to property. He does not own the house he lives in - it looks like he has rented it for 10 years. I don't know if he owns any other property. He has a young daughter who lives with her mother, and perhaps he owns part of that property? I don't know, and am not sure how to find out.

Is there a way I can find out if he owns any property?

He is never short of money and splashes it around - he is abroad at the moment, and seems to have a lavish lifestyle, so perhaps he spends it all.

I have just discovered today from another tradesman who I know slightly that the builder in question also has another very unhappy customer chasing him, and pursuing court action, so I will make contact with her and see if we can pool our resources. Could we take a joint action against him?

Any thoughts?

[Peterrowlands]

Re: Problem with builder

Hello everyone.
As a builder myself, may I point out a few builder facts.
Plans are to be priced and built to. Alterations or changes are to be discussed with the customer, architect and Building control (inspector).
On the building inspectors first site visit the build order i.e. The foundation, structure and drainage details are discussed.
If your work fails to meet these requirements or is deemed insufficient. You as a builder have failed. If you don't return to correct mistakes or complete stated work. Again you have failed.

Extras! In the case of extra work (variation order) being needed. It has to estimated and agreed before work commences.
If your build contract states a time scale. Triple that. Coupled with requests to complete and finally a notice to return to work. Will show any court of law your commitment in trying to complete works and fulfill the contract.
I do hope some of this helps.
Bottom line is. He is out of his depth and tried his luck.
Before going to court... Does he own his own house. In his name. If not. Do not waste anymore money.
If he does. Then if you are successful, you could put a lean on his property.

[HannahHerts]

Re: Problem with builder

I thought I had posted on here earlier this morning, but the post has not arrived so I will try again.

I am updating this thread for the benefit of anyone who may have a similar problem in the future.

I have spoken to a solicitor now. He said I'm not ready to go to court yet. The next stage should be to get a valuation of the work done by a quantity surveyor. I should ask the builder if he would be prepared jointly to appoint a QS with me, so we share the cost. If the value is more than I have paid, then I will pay the balance. If the valuation is lower than I have paid, then I will get a refund of the difference.

If it does end up going to court, then I can get 'post-event insurance'. In order to be eligible for this, I would need an opinion from a barrister saying that I would have a good chance of winning. Checks about the builder's ability to pay would also be done at this stage. He does not have to own property, as there are other ways of getting money from him.

I hope to update further when I have more information.

I hope this info is useful to anyone else who is having trouble with builders.

[Iron]

Hello,

May i know what happened at the end? I am in a similar situation…

thanks!

[echat11]

Hello,

May i know what happened at the end? I am in a similar situation…

thanks!

Hi Iron

It might be an idea to start your own thread, if you need help.

[Iron]

Hi Iron

It might be an idea to start your own thread, if you need help.

ok no problem thanks