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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A builder started work on May 9th 2016 and is still not

Resolved Question:

A builder started work on May 9th 2016 and is still not complete, due to false promises given to us, by someone that we had every confidence and trust in.
When my wife requested that you return our house and garage keys to her, on 2nd of August 2016, the outstanding work that needed completing was as follows:-
1. Hang radiator in kitchen and connect to central heating system
2. Hang radiator in the utility room and connect to central heating system
3. Hang radiator in downstairs toilet and connect to central heating system
4. Hang radiator in hall and connect to central heating system
5. Connect 3 radiators in “Garden Room” to central heating system.
6. Fit and plumb sink in downstairs toilet. Please note work had to be redone as wastage pipes not glued
7. Fit and plumb toilet in downstairs toilet
8. Fit and plumb toilet in main bathroom. Please note, not fitted correctly by your work force, and had to be re-fitted
9. Re-fit door in downstairs toilet
10. Fit base unit in downstairs toilet
11. Fit and connect spot lights in downstairs toilet
12. Fit skirting board in downstairs toilet
13. Fit main bathroom cabinet
14 Fit en-suite bathroom cabinets (2 off)
15 Fit bath panel in main bathroom
16 Fit shower door in main bathroom
17 Re- fit door to main bathroom
18 Grout main bathroom
19 Fit edging on tiles in main bathroom
20 Fit edging on tiles in en-suite
21 Fit and connect spot lights in en-suite in back bed-room
22 Clean Velox windows in “Garden Room” still not done.
23 Pad out the flooring between the kitchen and “Garden Room”, again still outstanding
24 Pad out the flooring between the utility and “Garden Room”, and yet again still out- standing.
We received an invoice for variations to work, with the builder requesting immediate payment of £ 2985.00.
We have had to use other companies to finish the work, and naturally paid more than the original estimate
As he did not complete the work in the original time frame (he quoted 3 weeks), the heart ache caused, stress and worry, if he, or his people would turn up to work every day, we think we should refuse his request.
What is your opinion?
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 3 months ago.

Is the builder trading as a private individual or as a business?

Customer: replied 3 months ago.
Ok
Business, MSW Construction Ltd
Customer: replied 3 months ago.
Or mobile 44(###) ###-####
Customer: replied 3 months ago.
Here is a letter I have started to draft to MSW Construction Ltd
MSW CONSTUCTION LTD. 37, GOLDSMITH CLOSE 40, RIEVAULX AVENUE BILLINGHAM TS23 2BL TS23 3GW BILLINGHAM PHONE 01642 561090
Dear Mr. White 21/09/2016RE: - Conservatory changed to Garden Room as above.We have now had chance to analyse your costings, and following are our comments.The work started on May 9th 2016 and is still not complete, due to false promises given to us, by someone that we had every confidence and trust in. It really is extremely sad and shameful that you could not deliver, despite the number of concessions and understanding that we extended to you.When Valerie requested that you return our house and garage keys to her, on 2nd of August 2016, the outstanding work that needed completing was as follows:-1. Hang radiator in kitchen and connect to central heating system
2. Hang radiator in the utility room and connect to central heating system
3. Hang radiator in downstairs toilet and connect to central heating system
4. Hang radiator in hall and connect to central heating system
5. Connect 3 radiators in “Garden Room” to central heating system.
6. Fit and plumb sink in downstairs toilet. Please note work had to be redone as wastage pipes not glued
7. Fit and plumb toilet in downstairs toilet
8. Fit and plumb toilet in main bathroom. Please note, not fitted correctly by your work force, and had to be re-fitted
9. Re-fit door in downstairs toilet
10. Fit base unit in downstairs toilet
11. Fit and connect spot lights in downstairs toilet
12. Fit skirting board in downstairs toilet
13. Fit main bathroom cabinet
14 Fit en-suite bathroom cabinets (2 off)
15 Fit bath panel in main bathroom
16 Fit shower door in main bathroom
17 Re- fit door to main bathroom
18 Grout main bathroom
19 Fit edging on tiles in main bathroom
20 Fit edging on tiles in en-suite
21 Fit and connect spot lights in en-suite in back bed-room
22 Clean Velux windows in “Garden Room” still not done.
23 Pad out the flooring between the kitchen and “Garden Room”, again still outstanding
24 Pad out the flooring between the utility and “Garden Room”, and yet again still out- standing.Most of this work is now completed, with the exception of connecting the radiators to the central heating system, which will be done late September 2016, by another company.The bathroom, en-suite and downstairs toilet costings increased, as your promise to assist there completion.
We know that this promise was false, as you never turned up to help ***** *****, in addition, Chris had to rectify several mistakes, created by your company, again costing time and money.
We did pay for the variations you have mentioned, plus, we had to purchase further materials and parts to ensure the completion of this work. We have paid in full ***** *****.Your variation for electrics is totally invalid, as we have paid Zonetek in full, with us receiving the “Domestic Electrical Installation Certificate” which you again, falsely stated was in your possession.
These two companies have been paid in full, so they are no longer your concern, it’s also a shame that your original estimate was way off the mark, as they were much more than you stated.YOUR E-MAIL TO VALERIE 17.09.2016Initial estimated cost of rear garden room, master bathroom, en-suite and ground floor W.C. Total = £20,000Your Requested Variations
* Supply and install French doors to garden room £1500 (You did not fit them, Steve did and we paid £ 1150.00, the balance of £ 350.00 was for the back door which was included in your estimate).
* supply and install one extra Velux window with relevant timber work = £500 (Again you were paid immediately this money, even though you quoted £450.00 on your original estimate, we paid the £500.00).
* supply and install internal timber internal door including frame, furniture and architraves. And disposal of previous door. = £205. (Paid)
* Supply 8 X out door spotlights Inc. lamps. =£100 (Paid)
* Lift and relay laminate flooring due to the removal of internal doors and threshes. Meaning the flooring needed to run continuously through the kitchen in to the garden room. =£250
* remove and relay electric under floor heating in garden room. = £200
(Original plan was
Expert:  Ben Jones replied 3 months ago.

OK thank you. Thank you also for the live phone call request. I am unable to talk at the moment as I am in court today but please leave it with me. I will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45332
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 3 months ago.

When you have entered into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 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.

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