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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi County claim against builder who was dismissed after several

Resolved Question:

Hi County claim against builder who was dismissed after several verbal warnings and e mails re quality of work and failure to provide any invoices. Concreting of over sites and footings, he charged 30k as first staged payment and kept pestering me for further payments within 2weeks of making first payment without having completed the first stage.
His work was of a poor standard and had to be dug up and redone by another builder subsequently. A real nightmare causing delays for me.I filed a county court claim for 10k as the works would have costed less than 15k out of 30k paid to him. I obtained written quotes from 2 other builders for costs of concreting the footing and digging footings.They had to redo most of his work.

Claim got allocated to small claims track, builder filed a counter claim for loss of
earnings for a large sum , claim got allocated to fast track. We are at the stage of talking about mediation.
I understand the Builder is funding claim through insurance.
1 workman I contacted confirmed he hasn't been paid by the builder yet(3 months after builders contract was terminated and after he has been claiming that he has used up almost all my money on labour charges.)

He also states he has paid monies to his daughter who is a builders labourers(she was never seen on site and not physically capable of doing a labourers job). Claim is against builder and his daughter. She sent pp'd contracts on his behalf and vigorously convinced us to part with large sum of money stating it will be used to buy materials for our house-but was spent on labour charges.

He has provided a 1 page contract 6 months retrospectively showing she is a builders labourer since last 3 years and his employee and that her work includes collecting deliveries and paper work, admin and ordering materials!

He also claimed digger and hire of a man costed £6500, digger was on site for less than 2 weeks , an invoice has been provided from a firm with no clarification re dates or period this relates to.

He has provided a time sheet but no evidence of payments to 6 labourers(I saw only 2 labourers on all days)


JCT contract was in place

I did not give him written warning 1week before contract but several emails before expressing concern re his work and that he is using up a large chunck of money on concreting and that there won't be enough left to complete the house.


Any advice or suggestions?

I havent employed a solicitor due to costs involved and I feel that counterclaim is baseless and frivolous to force me to drop the claim(soothing he has said to a neighbour!)

1)How do I make sure each labourer has been paid what he claims he has(I know he hasn't , one of them has confirmed he hasn't been paid). How do I confirm if they have been employed by him

2)His daughter works for him(allegedly) she has been responsible for our financial loss and has been acting as his business partner rather than a labourer.

Are we supposed to pay for people doing admin work for the builder? I have 1 page contract from him re her employment-no way to verify if this was written retrospectively and if she is being paid what he claims.How do I find out if she is paid by him and that she has worked. He has provided a time sheet typed 5-6 months after the termination of contract showing amounts he has paid himself his daughter and others. I do not live on this site


I don't think I should be paying for his daughter for his admin work , nothing about this in JCT building contract contract.

3)How can I request the digger and dumper hire man to provide a statement to clarify number of hours and days worked on my site for £6500+vat charged for some digging work-seems like excessive payment. His invoice just says £6500+VAT paid on 21/11/13 with my property address. I know he hasn't worked on site for 4-6weeks as there wasn't a digger required for this duration.

Any help would be greatly appreciated.

I have managed to keep my legal costs down by drafting letters from legal books purchased on amazon and am convinced that the builder is providing false statements but it is for me to prove this now.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is it you want to achieve please?

Customer:

Hi Alex I would like the builder to refund monies owed to me and be held accountable . I feel he needs to show me/prove where my life savings have been spent as I know that he hasn't spent 30k on digging 3 little over sites . digging trenches and filling up concrete on 3 little sites does not cost 30k but less than 10k as confirmed by 2 other builders. I feel cheated and do not think such builders should be allowed to carry on business as usual. I have since found that this builder owes money to building supplies firms and his firm has been bankrupt in the past. He is now a sole trader. Thank you for your reply

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I think my questions are specific and you have perhaps missed reading them

Customer:

I have already been through all these steps Thank you

Alex Watts : You say any help would be a
Alex Watts : appreciated. But that does not help.
Alex Watts : What specifically would you like to know?
Customer:

1)How can I (or can I )verify or request a statement for the court hearing or mediation from third party whose invoice has been submitted to me by the builder and is incorrect.

Customer:

2)How Can I verify that the builder has paid 6 labourers a sum of £15k+VAT when I know there have been only 2 builders on site .He has refused to provide proof of payment

Customer:

3)Is builder allowed to invoice me for his admin staff who orders materials for him. JCT contract is for a fixed sum to complete the project. 4)Digger hire +man will not reply to my emails to confirm number of days and hours he has worked on site and what period does this invoice relate to , can he be compelled to provide this information for the court hearing or for mediation

Alex Watts : you said it was dismissed, has there already been a trial?
Customer:

should read builders contract was terminated/he was dismissed. There hasnt been a trial. We are at the stage of serving witness statements

Alex Watts :

What is the value of the claim? Has it been allocated to track yet?

Customer:

10k allocated to small track however builder filed an exagerrated counterclaim for twice that claim amount for loss of earnings from me! so claim then got allocated to fast track. He says he is funding his counterclaim through his insurance

Alex Watts :

Ok - have their been directions yet?

Customer:

Yes

Alex Watts :

Ok - and that includes a date for witness exchange and disclosure?

Alex Watts :

Has disclosure taken place?

Customer: Disclosure has taken place exchange of statements took place today.
Alex Watts : Ok. In that case you should not have the documents and statements you need from the builder.
Alex Watts : If he is holding something back then you can make an application for specific disclosure.
Alex Watts : You would need to complete form N244 and ask the court to disclose a particular document. There is a court fee of £155 to pay for this hearing application.
Alex Watts : The builder should now have disclosed all documents in his control, so you will know how much he had paid labourers etc. if you do not have this and have rewarded it you can make an application for disclosure.
Alex Watts : The builder can't invoice you for admin staff unless the contract allows for that, which I doubt.
Alex Watts : Can I clarify anything for you?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Can I make and application for builder to disclose his bank statements using form 244. Should this be accompanied by a witness statement from me. Can one form or application be used for requesting this disclosure by both the defendants. Can I make similar application for third parties example digger hire firm who has provided an invoice.(as their invoice is 3 times the local digger hire rates and they are not VAT registered but have added VAT to their invoice to the builder who is VAT registered)

Customer: replied 2 years ago.

Can I make and application for builder to disclose his bank statements using form 244. Should this be accompanied by a witness statement from me. Can one form or application be used for requesting this disclosure by both the defendants. Can I make similar application for third parties example digger hire firm who has provided an invoice.(as their invoice is 3 times the local digger hire rates and they are not VAT registered but have added VAT to their invoice to the builder who is VAT registered)

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