How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69792
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Am I legally entitled to tell a builder I do not want

Customer Question

Hello. Am I legally entitled to tell a builder I do not want him to continue working on my house given that after he started work I found out that his work is sub standard and that he has been a director of several dissolved building companies that have left many other customers with ongoing issues. I have seen an example of his work which was shoddy and needed to be pulled down and redone.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is the work he has actually done for you shoddy?
If so, in what way?
Have you paid already?
Customer: replied 1 year ago.
So far we have paid £5000 for the brickwork and base which is not yet complete. However his company have also been building an orangery for a friend of ours and she has had to get another builder in to put right shoddy and unsafe building work his team did on her build. We have since found out he is a rogue trader with many dissolved companies which have left a trail of unfinished poor quality work. We do not have a written contract only an email stating when monies will be due, with the next payment being £10k when the brickwork is completed.the brickwork his team have done it good, it is the next phase where his team do not and have not displayed the necessary knowledge that they can do a good job.
Expert:  Jo C. replied 1 year ago.
OK.
But is the work he has actually done for you substandard?
Customer: replied 1 year ago.
Not so far, noWe are worried that based on the evidence of the work he has just done at our friends property we will be subject to the same level of bad workmanship.He has not taken care to protect our driveway which has been damaged as are result of his workmen piling the rubble and earth dug it for the foundations on the drive. When the grab lorry picked up the waste it too removed some of the gravel surface revealing the scalping so underneath it. On top of that when the concrete lorry drove on our drive to deliver the cement for the footings it sank, also damaging the drive and crushed the edging stones when exiting the property. I have photos of this damage as evidence.
Expert:  Jo C. replied 1 year ago.
Ok.
Have you asked him if you can cancel?
Customer: replied 1 year ago.
No, not yet. We want to understand firstly if we can cancel, and what could be the implications if we were to do so.basically what is the legal situation here.
Expert:  Jo C. replied 1 year ago.
On the information you provide, he is not in breach. Therefore if you do cancel you will be in breach of contract unless you negotiated specific rights to cancel.
Proceeding on the basis that you did not as it would not be normal, he would have a claim against you. However, he can only claim for any work actually done and lost profits. If you have paid him £5k already then it not likely that it would be any more than that even if he had to buy materials.
If he does do work of a poor standard there is scope to cancel on the basis that you have lost faith in his capacity to complete. However, that is a high test. You have to show that you have good reason to believe that he cannot complete this particular job and that cannot usually be word of mouth complaints from others. The closest you can come here is that the grab lorry caused damage but that isn't really entirely down to him.
If it does come to going to court you could try to argue that the complaints your friend had are sufficient. Probably it wouldnt succeed if actually in court but then he probably won't want to go to court and account for these complaints either so it might deter him.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Ok, understood. We have both seen the quality of the work he has done at our friends, plasterboard came off the wall, not fitted correctly, generally bad workmanship. But whether that would be admissible in court if it came to it, is probably doubtful.
Are you able to help with the correct wording if we were to email the builder stating that we wish to cancel based on what we have
a) seen at our friends property
b) found about him and his companies past history on trading standards websites?
Expert:  Jo C. replied 1 year ago.
It would be admissible if you put it in the proper form - you would need photographs, your friend would need to be willing to attend etc.
You don't actually have to give any reason for cancelling. Whichever reason you give it doesn't change the fact that you are in breach.
If you want to offer a reason then there is no need for any formal wording. Just down your concerns which are just that you have heard complaints about this work from your friend and online.
Jo C., Barrister
Category: Law
Satisfied Customers: 69792
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
So at the end of the day, whilst we would be in breach if it went to court he can only claim for work actually carried out. Presumably he would have to prove any expenses relating to the work completed so far?
You have been very helpful but it still feels like the law protects him more than us in this situation.
Expert:  Jo C. replied 1 year ago.
Yes, he would. He would also have to prove that he can't use these materials in another job so actually his claim is quite low.
Customer: replied 1 year ago.
Ok, thanks.
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions