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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45303
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Help... I have had a single back extension built by a Company

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Help... I have had a single back extension built by a Company very recently and the pitch of the roof is incorrect causing the Velux to leak extensively. An independent roofer and surveyor have said that the wrong tiles have been used, the velux fitted into an almost flat roof (they should not be hung at anything less than 15 degrees) and the walls internally are now very wet. The whole roof has to be taken off and redone. The builder has been aware of this since July and has done nothing. It was a cash job and he has been paid. I can't afford to rectify this myself and don't see why I should having paid the builder already. Please help.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. When was the work completed?
Customer: replied 1 year ago.
Hello Ben, the work actually was never completed. The builders disappeared prior to completion however the main structures were completed back in June. The District Surveyor passed the build last month but it is not his job to check the pitch of the roof.
Expert:  Ben Jones replied 1 year ago.
When you have entered into a contract for work and materials, where the main focus is labour and skill, the law says that the work must be:· Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession);· Finished within a reasonable time (unless a specific time has been agreed); and· Provided at a reasonable price (unless a specific price has been agreed). In addition, any information said or written is binding where the consumer relies on it. This will include quotations and any promises about timescales or about the results to be achieved. If there are problems with the standard of work, or any of the above, you will have certain rights: 1. The trader should either redo the parts of the service which are inadequate or perform the whole service again at no extra cost to you. This must be done within a reasonable time and without causing you significant inconvenience. 2. If redoing the work is impossible or cannot be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. The price reduction would depend on how severe the issues are and could be as much as the full cost of the work. 3. If the service has been performed so badly that it would be unreasonable to expect the consumer to give the trader a second chance, you may be entitled to claim the cost of remedial work by another trader. In order to resolve any problems that have arisen, it is generally recommended that you follow these steps: 1. Collect all documents relating to the work (e.g. estimate, contract, correspondence, etc.).2. Contact the trader and explain your problem. Ask them to return to fix the issues and set a reasonable time limit for them to respond (7 days is reasonable).3. In the meantime find out if the trader is a member of a trade association with a mediation service that can help resolve your complaint.4. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses.5. If the trader fails to respond or refuses to resolve the problem, you could potentially get a different trader to complete the work and consider suing the original trader for all or part of these extra costs. Remember that court is your last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position. 6. Finally, make sure that you send all correspondence by recorded delivery and keep copies. If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may issue your claim via the Court’s online portal at www.moneyclaim.gov.uk. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
The builder is currently unwell with Cancer and is the sole Director of Mansfield Construction. If the Company doesn't have the money to pay to rectify the job or he puts the Company into liquidation where do I stand? He is not insured as far as I know (not on his website which has not been updated for years) and is not a member of any groups at all. I assume he has to have the money in order for me to take him to Court?
Customer: replied 1 year ago.
Would you recommend sending a letter before small claims court proceedings (I have a template) and a letter of deadlock request before going to the Ombudsman? Who would the Ombudsman be?
Expert:  Ben Jones replied 1 year ago.
Your claim would be against the company not him as an individual (assuming you engaged his company's service not him personally). So he would not be personally responsible for any debts of the company unless he worked as a sole trader rather than a limited company. So yes you would really need the company to have some assets before proceeding. I would indeed recommend that a final letter before court is sent. There would be no ombudsman dealing with this case it would be straight to court if nothing happens from direct negotiations. Hope this clarifies?
Customer: replied 1 year ago.
Ok thank you, ***** ***** can I find out if Mansfield Construction Limited has any assets/money?
Expert:  Ben Jones replied 1 year ago.
You could try by getting their accounts from Companies House for a small fee
Customer: replied 1 year ago.
Can I do this online?
Expert:  Ben Jones replied 1 year ago.
Yes you can:http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo
Customer: replied 1 year ago.
Thanks... Turns out their liabilities outweigh any assets... If they have no money what can I do?
Expert:  Ben Jones replied 1 year ago.
That may be difficult in the circumstances. You can only pursue the company so if their assets are insufficient then there will always be a risk that they cannot meet their liabilities in this respect. Unfortunately there will not always be a remedy that will guarantee a successful outcome. It is therefore up to you as to how far you intend on taking it or whether you would risk going to court over it. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45303
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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