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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14232
Experience:  Senior Associate Solicitor
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I recently had some extensive building work done on my house

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Hello, I recently had some extensive building work done on my house and towards the end we fell out with our builders due to their incompetence (e.g they took almost 12 months to do a scheduled 3 month project, caused damage to our house etc). Things were left professionally but we decided to finish the work ourselves. Since the work has finished we have emailed asking for the building reg documents (and sign off) to be passed on and they have accepted that they messed up and didnt get them but that they will get an inspector to sign off the work ASAP. This was in December/January. They have since stopped communicating. Please can you advise me on what recourse i have and the best way to initiate things?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No they say that one of them through the other one had done it. They stated in an email that they can sort this out retrospectively using photographic evidence but have not done anything despite our chasing. We have had to chase them since october last year
JA: Have you talked to a lawyer about this?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Customer: replied 1 year ago.
I have emails documenting their shortfalls and their acceptance and appologies for things going wrong. We have tried to resolve using the FMB terms and conduct but are still not hearing back from them re. our building regs sign off (whih we have paid for and they accepted)

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 1 year ago.
OK Ben. Im happy to discuss with you if you feel it would add more value.
Customer: replied 1 year ago.
but if not then Im happy with messaging too

Do you mean you completed the work yourself without employing another tradesmen to do it. If so, why did you do this? Was the builder not prepared to rectify or complete the work?

Customer: replied 1 year ago.
Hi Sorry for the lag in reply. No the house was a rental property I owned. As such it was unoccupied. Throughout the process the treated my house like a dumping ground for equipment and didn;t finish work on time. They eventually started going weeks in-between visits so I gave them a date to be finished by and they failed (This happened numerous times). I had to finish the job so I told them I would have to finish it and get other tradesmen to do this and that I would charge them the costs. Eventually I didnt do this (or charge them for damaged carpets) because I just wanted to move on. All I wanted was the document stating the extension was safe and they havent provided.

Thank you. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. Many thanks

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and have been asked to look at this for you.

The builders need to have carried out their service with care and skill, under consumer laws. If they do not, you have a legal remedy to sue for the cost of remedial repairs - do you have a quote from another builder? Or is it simply the document confirming the safety which you are demanding from them?

Customer: replied 1 year ago.
Its just the document really. I decided to take the high ground and not peruse them for the other costs partly because I didnt have the time. I have proof that I paid their bills as per the schedule of work. One of these schedules was to cover the building regs. I also have proof of numerous too'ing AND fro'ing via email asking them to finish the work and provide regs. Finally I also have an email from them acccepting that they have messed up and will sort out the regs. They have not communicated since last year on the matter.

OK, you have two options :

1. sue them for the costs - as part of the court proceedings there will be disclosure of documents - if they possess that document then they will be ordered to disclose it to you. You can do this on the http://www.moneyclaim.gov.uk

2. sue for the return of the document (court fee £308, which is recoverable). You need to use a Part 8 claim form and send to the local county court for this.

Either way, a letter before action needs to be sent to them - to give them the chance to avoid court proceedings. Do you want to do the letter and see how it unfolds?

If you have incurred costs the recommended option would be the first one. The second option does not allow you to claim damages.

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.

Many thanks,

Jim

JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14232
Experience: Senior Associate Solicitor
JimLawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Jim. I will leave a review for you. In addition to this, should I wish to have legal assistance with this are you able to assist me?

Hi, solicitor-client relationships are not permitted on this site, sorry. However I can guide you and give you information needed for the dispute.

Customer: replied 1 year ago.
understand. Thank you