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Legal advice needed


JEB53

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Hi.

Can anyone recommend legal advice quickly and locally?

I have been having a new kitchen installed and it has gone disastrously badly. I have lost confidence in the local builder to provide competent workmen. The final part of the job is to knock out a hole in my external wall to install a new back door. The door is non standard size and has been made to order and has been paid for. It is due to go in in the next few days. The supposedly competent workman is not doing the job and I know the man who is to do the job. He seems to be a jobbing workman but he has not been involved in anything requiring skill.

I need to know where I stand legally should something subsequently go wrong with the supporting wall and if it causes problems with my building or the flat above. I need to know what I can ask from the builder in terms of guarantee of his workmanship in view of what has been happening in my kitchen. (Today I have discovered a wall cupboard has been glued on with two dabs of glue and no other fastenings; it peeled away from the wall when I leant on it. I have a small section of boxing around some wires which fell off the wall the first time I put a plug in the socket at the bottom, plus too many more problems!)

I am an older woman on her own and I have had three months of anxiety and sleeplessness over this and I think it will be worth my while taking advice before I let someone knock a hole on my supporting wall.

Can anyone recommend someone I can consult? Today I have heard that after weeks of inactivity they are proposing to knock the wall out on Friday. Thank you if you know where I can go for advice.

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The firm you are using should have liability insurance against the sort of damage you are worried about - you need to check with your supplier if he has that insurance, and ideally who with. However, clearly you know the work done so far has not been of a satisfactory standard, so you would be in the right if you now stopped any further payments until the problems to date are corrected.


I am guessing that the new door will require a properly installed RSJ (Rolled Steel Joist) to support what I am assuming is a load bearing wall. If that is not on-site then I would refuse permission to the builder to continue.


Contact Citizens Advice about this. But from what you have written I think you are right to be worried.


What you need I think is at this stage expert building, rather than legal, advice. Maybe one of the firms recommended on the forum might be able to give (well sell) you this advice - there are many good handymen who would not necessarily take on the job but who know enough to either reassure you, or not, about the state of play so far. I'd have called Vic of 007 Handymen - who has worked for me - for advice (if he's still about) - he knows his stuff even though he wouldn't himself take on a job of this scale. So his advice would be unbiased.

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Do not proceed with this guy. If electrics are falling off, the wiring itself may be faulty and that is potentially dangerous.


Take photos of all the work and faults you can see. Hopefully you have not paid for the job in full, upfront? Do not pay any more money.


Did you have a contract or schedule of works with the builder? If there are plans to knock through an external, supporting wall then I'd think a structural engineer would be involved to do calculations. The work will need to be signed off by Building Control.


I'd drop this builder and look to get someone else in. If you have a schedule of works/ contract you may be able to take this guy to the small claims court, showing where he is in breach and costs to you of remedial work.


Cupboards stuck to wall with glue. He sounds like a cowboy. Listen to your instincts.

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  • Administrator

Sorry to hear of your situation. The last two replies to your post have good advice which I agree with.


How did you find the builder out of interest? If you want, send me a private message with the builder's name (click 'Send private message' to the left of this message). I'll able to check if they've been mentioned in the forum in the past. I can potentially add them to our blacklist so they cannot be recommended here the future.

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I forgot to say that electrical work must now be either done, or fully checked by, fully qualified electricians (there's a standard). Without that the work isn't legal, and could impact the property value on sale. And very possibly invalidate your own buildings insurance. You must check whether the person doing the electrical work is qualified.
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I see you mention "the flat above". On the matter of your liability, the government advice page on the Party Wall Act requirements, at https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet does say:


" In return for rights to carry out certain works, the Building Owner (the person having the work done) must notify you [any adjoining owner or occupier] in advance. He is made legally responsible for putting right any damage caused by carrying out the works, even if the damage is caused by his contractor."

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Hi,


As your post title suggests, you need urgent legal advice rather than anything else, from a solicitor experienced in construction disputes. I work in this area (although on high-value disputes rather than domestic ones), and can recommend this person https://www.greenwoods.co.uk/our-people/lorna-carter/ for domestic disputes. If you call she should be able to give you some immediate, and free, initial advice. Going forward, you'll have to pay for her advice, but it will be money well spent in the long run I imagine.


Good luck.

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I am so grateful to all of you who have taken the trouble to reply. Such helpful advice.

I must make it clear that there is no problem with the electrics. The independent electrician is great. What fell off the wall is the wooden boxing which is around the cables. It was the kitchen fitter who put up the boxing in.

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That's good.


However, you must try to get the bad work identified and rectified at this builder's expense and don't let him near your wall. Take delivery of the door, since you paid for it but, again, make sure it is worth the money. If not, send this guy something in writing immediately.


I agree with other posters, you need advice and fast on where you stand legally.


Until then, don't pay him and don't let him do anything else.

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Good advice from everyone. Take photos of what has been done so far and maybe also check whether your house/flat insurance includes legal advice though obviously much better if you can follow up the suggestion of newresidentin dulwich and talk to someone with specific experience of building disputes.
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As a savvy consumer with much knowledge about buildings I d love to say I have never had any problems. But I've had plenty go wrong


I've had a few battles directly, through trade associations and ultimately County Court, with some success, but would rather not have the hassle.


Do contact trading standards, I have a contact so can ask on your behalf if you PM me.

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