hi. I'm in a bad position sadly. We have a contract to build our kitchen extension to a firm. They've taken going on five months and still not watertight or have windows yet. We have sadly had to terminate the contract following requests for fabricated/fictitious costs and invoices. Very upset and no joy from FMB so far. Any idea how to recoup my losses we are down £80k.
Rogue buikder
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Sadly we too were in a similar situation and in my experience the Federation of Master Builders are not worth a W##k.
They are happy to list anyone who pays the fee and take no interest in cowboys who are their members
They are happy to list anyone who pays the fee and take no interest in cowboys who are their members
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Well you have to start by getting a valuation on what has been done and what it will cost to put it right to the contract you originally agreed, then you need to research the builder's assets and ability to pay if you won a court case, then you have to look at your contract to see if you can make a claim. After all that and depending on the value you then make a claim against them of the work that needs to be put right according to the contract, you try to negotiate a remedy and depending on how much change from the above you are talking you consider making an out of prejudice offer to avoid legal action and if after extensive negotiations and you think you can win and they have asssets to liquidate to pay, then you issue either a claim in the small claims court or more likely the high court.
The high court will probably cost you £5-10K which you may claim back if you win. Once you win you may need to sell the debt to a bailiff at somewhere between 20 and 40p in the £1 or enforce the claim yourself - more costs
Litigation is not for the faint hearted, but it can be fun.
1. only sue those who can pay
2. never sue as a matter of principle
3. accept you may get substantially less than you need/want
The high court will probably cost you £5-10K which you may claim back if you win. Once you win you may need to sell the debt to a bailiff at somewhere between 20 and 40p in the £1 or enforce the claim yourself - more costs
Litigation is not for the faint hearted, but it can be fun.
1. only sue those who can pay
2. never sue as a matter of principle
3. accept you may get substantially less than you need/want
Gosh thank you so much for both replies. I'm seeking legal advice now. I'm also having a survey done to quantify what is left to do and the cost. And also just look at the state of poor workmanship etc. I am intending to use the final payment to cover getting some windows and finishing the job. Then I will make a claim. They definitely have assets. So I will be suing them. Rogue traders eh! As for the FMB, useless. Utterly useless.
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While I appreciate it can be frustrating when you are being taken for a ride, you can't normally just tell them to do one and terminate a contract, this can expose you to a counter claim for damages. A court will normally be more sympathetic if you have given the builder an opportunity to fix the deficiencies.
The pre-action protocol for civil procedures is worth a read. It sets out good practice for resolving disputes. Courts usually (but not always) like to see evidence that the parties attempted to resolve the dispute before going to court.
https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_ced
Its also good practice to minimise your exposure and get the claim in to the small/fast track process if possible - Its a hell of a lot easier as a Litigant in person preparing a case for a district or county court judge when there is an expectation that the parties will represent themselves and legal fees aren't normally recoverable (though costs are).
The high court is to be avoided at all costs. Though if the claim warrants it, it has its advantages.
Do you mean using the money you should have paid them to finish the job, or paying them to carry on and then sue? Priority 1 is minimize your exposure. Get them to deliver as much as possible without further payments. Use the survey to come up with a defect list, issue the list and discuss what they plan to do. Avoid making further payments. If the builder is up for fixing most of the defects then your claim is substantially smaller and easier. Without knowing the details, you can't normally just cut him off because you are fed up. He has a right to remedy his defects and he's not in breach until he has either refused or is unable to remedy.
I can't stress enough that you have to put the emotion aside and work with the builder to resolve the problems. You want him to put it right, not end up in court.
The pre-action protocol for civil procedures is worth a read. It sets out good practice for resolving disputes. Courts usually (but not always) like to see evidence that the parties attempted to resolve the dispute before going to court.
https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_ced
Its also good practice to minimise your exposure and get the claim in to the small/fast track process if possible - Its a hell of a lot easier as a Litigant in person preparing a case for a district or county court judge when there is an expectation that the parties will represent themselves and legal fees aren't normally recoverable (though costs are).
The high court is to be avoided at all costs. Though if the claim warrants it, it has its advantages.
Do you mean using the money you should have paid them to finish the job, or paying them to carry on and then sue? Priority 1 is minimize your exposure. Get them to deliver as much as possible without further payments. Use the survey to come up with a defect list, issue the list and discuss what they plan to do. Avoid making further payments. If the builder is up for fixing most of the defects then your claim is substantially smaller and easier. Without knowing the details, you can't normally just cut him off because you are fed up. He has a right to remedy his defects and he's not in breach until he has either refused or is unable to remedy.
I can't stress enough that you have to put the emotion aside and work with the builder to resolve the problems. You want him to put it right, not end up in court.
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Thank and that all makes sense. However and due to being stressed out, I've not made my self fully clear here. They have had issues all the way along. Not following plans. Cutting serious corners in the build. I've sent about five letters listing out the work that needs to be rectified and it's done either in part. Or not at all and then left in sub standard workmanship conditions. They have had over a month to get the project up and over the finish line. They've failed again and again. Then suddenly I'm given invoices for fictitious work. Believe me, I've done what I can to ask them to complete the works. And I've written time and again that I'll happily pay them the final instalment "upon completion". Not anywhere near complete and they had already instructed their men not to return as is refused to pay their made-up invoice.
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OK.. best of luck, I'd expect them to counter claim when you file. read the CPR document I linked to.
Amen.
Barrister for the High Court cost £2500/day, and two days were cancelled at the last minute.
My Solicitors strung the case out for years - if you change them the next lot will do the same.
They charged £5/photocopy (in the digital age) and constantly lost important hardcopy papers.
Barrister for the High Court cost £2500/day, and two days were cancelled at the last minute.
My Solicitors strung the case out for years - if you change them the next lot will do the same.
They charged £5/photocopy (in the digital age) and constantly lost important hardcopy papers.
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If you need to search for CCJs you can get the basics here, though a lawyer will usually conduct a search as part of their prep.
http://www.trustonline.org.uk/
Generally speaking - avoid those who have any, as if they gave Sh** they'd have cleared them before they got registered. (14 days from judgement).
http://www.trustonline.org.uk/
Generally speaking - avoid those who have any, as if they gave Sh** they'd have cleared them before they got registered. (14 days from judgement).