Being held to ransom (by a builder)

[clarinet]

Please can anybody help....We've had a loft conversion done and have been really unhappy with the way in which the builder has spoken to us and dealt with the project. Basically ran way over time. Although the builder did say they would fix a few things I put it all in writing as per the advice of the CAB. Now the builder refuses to remove the scaffolding until all money is paid upfront which is basically breaking our contract which clearly states I can keep up to 5% of the cost until three months after the build. Feel like we are being held to ransom. Anybody got any ideas. And yes, it is a local company so be warned. They put FMB logo on their paperwork but aren't actually members. Come across as being super friendly at the beginning but then just take the money as quickly as possible at the beginning and then just leave you hanging.....I've been to the CAB but just wondering if anybody else has had similar?....

[rendelharris]

Most builders hire scaffolds, have a look on it and see if there's a company name. If there is, get in touch with them and tell them if it's not collected within seven days you reserve your right to dismantle and dispose. Also, as you're already in touch with CAB, ask them to contact local Trading Standards for you (often TS will listen to CAB when they won't listen to individuals for some reason, guess they use them as a filter).

[savage]

Hi,

Can you let us know who the builder is as I?m currently looking for someone & will look to avoid?

[redpost]

write a letter stating how they have breached the contract and give 7 days to come up with a remedy before you take to small claims court

send it recorded delivery, don't speak over the phone, just converse by email or letter

most builders are of low iq and will roll over with the threat of legal action

[rendelharris]

redpost Wrote:

-------------------------------------------------------

> write a letter stating how they have breached the

> contract and give 7 days to come up with a remedy

> before you take to small claims court

>

> send it recorded delivery, don't speak over the

> phone, just converse by email or letter

>

> most builders are of low iq and will roll over

> with the threat of legal action

Good suggestions, rather spoiled by the terrible snobbery of the last sentence. As it happens, of the three builders I'm good mates with, one has a History degree from Cambridge (seriously, he's an ex-pupil I coached to get there!), one used to be a top-end antiques dealer and is an expert Georgian furniture restorer, and the other...alright I'll give you the other. But builders can all do stuff I can't even begin to comprehend, they may not be able to quote Yeats as well as I can but they're by no means unintelligent.

[Toffee]

Exactly why does IQ come into the equation. I happen to know an Oxford student who is looking for work on a building site for the summer holidays.

[Toffee]

redpost Wrote:

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> write a letter stating how they have breached the

> contract and give 7 days to come up with a remedy

> before you take to small claims court

>

> send it recorded delivery, don't speak over the

> phone, just converse by email or letter

>

> most builders are of low iq and will roll over

> with the threat of legal action

What planet are you from. Seriously ?most builders have a low IQ?. Most builders built the house you live in, most builders built the restaurants, cinemas, hospitals, dental surgeries you frequent. Most builders built the schools our children attend, the care homes our parent that you or I, or our parents will end up in. Most builders built the heart of this city. You disgust me to the heart of my soul.

[Springer]

Well said toffee ,repost your a twat !

[Robert Poste's Child]

How did that last word get through the system when blow-in gets changed to asterisks etc.

(ETA the word is Louisa's favourite term for incomers, by the way.)

[Springer]

I am definitely not a incomer have lived in Dulwich village for 43 years and imo redpost is a pompous cretin

[KidKruger]

Twat is a word that gets through the 'security'.

Something I'm sure John Cooper Clark would appreciate.

OP - I'd only remove the scaffolding (by whatever means that eventually is) AFTER I'm sure the building work is entirely complete and robust / I've had it checked. Once it's down you'll pay an arm and a leg to get scaffolding put up again.

[malumbu]

Stick to the thread you twits. Is the builder called Kevin? PM if so,

Whilst sounds civil, the attitude is rather aggressive so maybe contact the community police. I've found bizzies this side of the tracks very helpful.

Maybe also write to Trading Standards (OK old school) asking if the builder is known to them. Rock and a hard place here as TS should be providing more help and taking action against unscrupulous tradespeople, but are so under resourced. Sadly Lewsham didn't even respond to me - I found the TS officers on Linked in but got no response to direct e-mails (which were all very polite).

I'm halfway through getting a resolution with Kevin. There may be a point when you want to name and shame - I don't like doing this and in theory this can be defamation. But eventually....

Good luck against the bullies

[Sue]

There seem to be two threads on this?

I've just posted on the other one ...

[robbin]

Some good advice, some ok advice and some not so good advice above. My thoughts (for what they are worth) are that you would benefit from seeing a litigation solicitor who deals with contract disputes for some advice (if such a thing exists, you could go to a Law Centre to see if they could help). I very much doubt the police would give you the time of day as it is plainly a civil dispute - they may even think you are wasting their precious time (which, frankly you would be). TS would be a better bet.

Bear in mind there may be risks in self-help remedies and also procedurally you have to get things right. For example, while Rendel's suggestion regarding the scaffolding sounds sensible (and in fact may be the best course), if you followed it through by contacting only the scaffolding company before the scaffolding is removed, you may find yourself in difficulties by not having given the other contracting party (the builder) notice of your intention first. Also, what then? If there is snagging still to be carried out, would removal of the scaffolding make that impossible/more expensive? Who then would do that and who would pay for fresh scaffolding and snagging (and if the builder refused, how could that cost be recovered from them)? Would any such self-help be in keeping with your duty to take reasonable steps to mitigate your loss? More fundamentally, would removal of the scaffolding amount to a breach of contract by you (and that can only be judged with knowledge of the full facts as to who has done what and when)?

Also, please bear in mind nobody on here can advise you properly because we don't know the material facts - such as the terms of the contract you have with the builder, whether the contract incorporates any standard terms and conditions and if so what they say, etc. Although you refer to a 5% snagging retention, you don't say how much you have not yet paid the builder - is it just the 5% in issue, or more? If more, that may also complicate matters if something is already due but has not been paid. Then, of course there's the cost of having a fight with the builder - they may be in the wrong and rude as hell, but a commercial compromise may still be the best thing in the long run (no matter how bitter tasting it may be) - enforcing your strict rights can be very expensive even if you win, so always keep an eye on the cost/benefit position.

Even if you did reach a compromise, you would need to structure it on the basis you have no trust in the builder and so it would be prudent to retain some money until full completion. Also, you need to keep some protection in case of insolvency - sometimes the cause of builders getting pushy for money is underlying cash flow difficulties - you certainly wouldn't want to reach a compromise and pay them money if they are then going to go out of business without having done the work.

I'm not meaning to be unsympathetic - I hope you get a quick, painless (and above all, cheap) solution, however I think you need to be clear about your best course of action before taking major steps. Best of luck.

[Administrator]

Robert Poste's Child Wrote:

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> How did that last word get through the system when

> @#$%& gets changed to asterisks etc.

Not sure, I thought that was on the censor list. It is now.

[Springer]

The chattering classes or is that glasses ?? Wow