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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A builder had done some defective work at my home about 4 years

Customer Question

A builder had done some defective work at my home about 4 years ago.I sent him pictures of the defective work and ensuing further damage to my older part of the building due to defective drains. It caused water to seep through the rendering resulting in damp in the kitchen. There were 8 effective works, including building a lounge without any foundation, not issuing a gas safe certificate and more. His wife acknowledged my e mail and the recorded delivery letter and said the builder will contact me. I had given them 2 weeks to respond and threatened them with legal action. 2 weeks were up on 18.3.16 , but he has not come back to me. He is registered as a master builder. Please advise me with further course of action
Dr SAINI
07534 993 733
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Did the defects only become apparent recently?
Customer: replied 10 months ago.
No they have been there rt. From the beginning. I have been phoning him ever since. He came to have a look 2 years ago and took some pictures, but did not rectify the defects. After this he stopped answering my phone.
Customer: replied 10 months ago.
Here are the pictures attached. I can forward the e mail and the letter I sent him, which will be more helpful to you
Customer: replied 10 months ago.
Defective building works
InboxMOHAN SAINI
to nikki, Neka
4 MarDetailsMrs nikki dhaliwalFollowing my phone call yo you , we agreed that your firm is going to have a look at the defective workmanship and rectify it,rather than me going for legal action.
I mention here the problems in some detail, with some pictures as the evidence.
1
There was no drainage provided for the summer house which caused ingress of storm water to go in causing wood rot shown in pic 5.
2. I had to spend£1200.00 to provide drainage shown in pic.1 and 2. The down pipes were installed in the wrong place which I had to replace , Also shown in the pic.
3 the radiator shown in the picture 4 was disconnected by your subcontractor mr bajwa while putting the new boiler , this has never heated up since. So we get no heat in the bathroom.
4.the patio door in pic 6 has a gap shown,causing loss of heat in the lounge.
5. The defective chimney in see pic 7and 9 . Mis matched chimney installed thus spoiling the architecture of the house and devaluing it
6. Pic 8 and 10 . Defective overflowing drain damaging the rendering and causing damp to the inside kitchen.
7. Last picture . Cracking floor tiles due to hollow floor underneath.
8 poor underfloor heating. Only heats the small central area of the lounge. None in the periphery.
9, cracks in the walls of lounge ,part of the lounge was not provided with any foundation , so the whole structure might collapse . A serious issue.
10. No gas safe certificate provided for the gas fire installed . Another serious issue, which can affect your business .
Mr. Dhaliwal was informed of these many issues , but he has taken no action.I am having some more building work done at my home and I have had quotes for this remedial work as an addition.
I give you 2 weeks to sort these problems out.Dr Mohan singh SAINI
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AttachmentMOHAN SAINI
to Tusker1234
12 days agoDetails
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AttachmentMOHAN SAINI
to tusker12
12 days agoDetails---------- Forwarded message ----------
From: MOHAN SAINI
Date: Friday, 4 March 2016
Subject: Defective building works
To: ***** ***** , Neka Singh11 attachments
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N
Neka Singh
to me
5 days agoDetails
hi dr saini mr dhaliwal has acknowledged your email and post you have sent him...we will know make a sie visit appoinment in the next few days...he will be contacting you to make this.regards
nikkiMOHAN SAINI
to Neka
4 days agoDetails
Hi nikki
I am away on a holiday from 26.3.16.to 9.416. It is therefore better , that mr dhaliwal comes within the next week.Dr SAINI
Reply
Forward
New quote and gas fire
14 Feb 2015
me
Hi Nikki I hope you are well. Mr dhaliwal came recently to give me a quote for a new job at my home.
Expert:  Ben Jones replied 10 months 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 (I understand you have already done some of these but I wish to cover the full procedure anyway): 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. In this case they state that they are a Master Builder so the Federation of Master Builders may help: https://www.fmb.org.uk/about-the-fmb/complaints/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. This is your basic legal position. I have more detailed advice for you in terms of the procedure you should follow if you have to go to court next, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you
The builder still has not responded . So please take me to the legal route
Expert:  Ben Jones replied 10 months ago.
Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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