ChatterBank1 min ago
Legal Rights If Building Work Was Done Without A Contract
16 Answers
Hi everyone,
I'm needing a bit of advice.
I had a building company come to my property to demolish my kitchen to the rear of the property, dig new foundations and build it back up so that they could add a bedroom extension on top.
We agreed terms/costs prior to the work starting and I requested a written quote that details what they were going to do for the cash.
We got the job agreed verbally by the company boss and he said that we wouldn't pay more than £3,000 before the job was finished. On completion and satisfaction we'd then pay the rest (£6k).
Work took place for about 8 weeks. About 4 weeks in he asked for £2,000. We paid instantly in cash and got him to give us a receipt (actually he wouldn't do that as he said he'd left his receipt book in the office, so we had to write up a receipt and ask him to sign it to prove we had given the cash).
Work continued and we got our kitchen built according to building regulations and planning. He then asked for another £3,000. We naturally reminded him that he only wanted £3,000 in total and this would push our paid amount up to £5,000 and we were not quite half way through. He hadn't (and still hasn't) connected our cooker up or installed water and drain pipes/a radiator in the kitchen.
After some tense talks we agreed to pay another £2,000.
That's where it all seemed to go wrong. The next day he'd started to pull all of his guys off our job and left us with a lot of work not done.
There were building blocks left at our property, so we locked them away as we feared he'd come and take whatever stuff he could. He did send his guys down when we were out and removed scaffolding and tools, but was apparently upset that we'd taken the blocks. So he took the unopened bags of sand and cement.
We've since learnt that he's threatening to send us an invoice for 'thousands of pounds' in outstanding money.
We did not sign a contract.
We did not get a written quote.
We have two hand written receipts for £2,000 (£4k in total) with his signature on it.
From talking to other people it would seem we are 'in hand' with the job by around £1,000 to £2,000.
Where do we stand legally? Can he bill us for this and get us to pay? I'm not looking to chase him for anything. I'm happy that he's off site as I can now get on sorting it with another (better) contractor.
I'm sorry for the length of this question, but I just want to get the best answers possible.
For anyone thinking 'yep, this guy should have heard the warning bells at the start - yeah, I know that now. I'm just glad I didn't pay as much as he wanted.
Thanks for all your help.
I'm needing a bit of advice.
I had a building company come to my property to demolish my kitchen to the rear of the property, dig new foundations and build it back up so that they could add a bedroom extension on top.
We agreed terms/costs prior to the work starting and I requested a written quote that details what they were going to do for the cash.
We got the job agreed verbally by the company boss and he said that we wouldn't pay more than £3,000 before the job was finished. On completion and satisfaction we'd then pay the rest (£6k).
Work took place for about 8 weeks. About 4 weeks in he asked for £2,000. We paid instantly in cash and got him to give us a receipt (actually he wouldn't do that as he said he'd left his receipt book in the office, so we had to write up a receipt and ask him to sign it to prove we had given the cash).
Work continued and we got our kitchen built according to building regulations and planning. He then asked for another £3,000. We naturally reminded him that he only wanted £3,000 in total and this would push our paid amount up to £5,000 and we were not quite half way through. He hadn't (and still hasn't) connected our cooker up or installed water and drain pipes/a radiator in the kitchen.
After some tense talks we agreed to pay another £2,000.
That's where it all seemed to go wrong. The next day he'd started to pull all of his guys off our job and left us with a lot of work not done.
There were building blocks left at our property, so we locked them away as we feared he'd come and take whatever stuff he could. He did send his guys down when we were out and removed scaffolding and tools, but was apparently upset that we'd taken the blocks. So he took the unopened bags of sand and cement.
We've since learnt that he's threatening to send us an invoice for 'thousands of pounds' in outstanding money.
We did not sign a contract.
We did not get a written quote.
We have two hand written receipts for £2,000 (£4k in total) with his signature on it.
From talking to other people it would seem we are 'in hand' with the job by around £1,000 to £2,000.
Where do we stand legally? Can he bill us for this and get us to pay? I'm not looking to chase him for anything. I'm happy that he's off site as I can now get on sorting it with another (better) contractor.
I'm sorry for the length of this question, but I just want to get the best answers possible.
For anyone thinking 'yep, this guy should have heard the warning bells at the start - yeah, I know that now. I'm just glad I didn't pay as much as he wanted.
Thanks for all your help.
Answers
1 to 16 of 16
He may say he has, but tell him to get stuffed, though not quite in those unforensic terms ! You have enough to cross examine on (or the judge has enough questions) to see him off. He may make a lot of noise first but he'll have to end up the loser. Who is anyone going to believe? A builder who says he can't give a receipt because he's forgotten his receipt book and never...
18:43 Fri 13th Dec 2013
Hi Tuvok,
Thanks for the thought. I googled him and it confirms that he's been the director of his company for 3 years, but i cannot find any adverse information on him.
He's fed us a lot of bull during the 8 week period and we've caught him out a few times.
So, I guess he's a cowboy that's evaded the muck for now.
Thanks for the thought. I googled him and it confirms that he's been the director of his company for 3 years, but i cannot find any adverse information on him.
He's fed us a lot of bull during the 8 week period and we've caught him out a few times.
So, I guess he's a cowboy that's evaded the muck for now.
Hi Tuvok,
I have a duedil account and checked him out on there. Seems (without paying for detailed reports) that he's fairly clean with 3 companies open. These are all related companies (like a builder, plumber etc).
The top line of his company (from the balance sheet) shows £4.7k cash, -£39.1k net worth and £82.4k current liabilities. I'm not an accountant, so i'm not sure if that is good or bad?
Seems his directorship is about 4 years.
I have a duedil account and checked him out on there. Seems (without paying for detailed reports) that he's fairly clean with 3 companies open. These are all related companies (like a builder, plumber etc).
The top line of his company (from the balance sheet) shows £4.7k cash, -£39.1k net worth and £82.4k current liabilities. I'm not an accountant, so i'm not sure if that is good or bad?
Seems his directorship is about 4 years.
He may say he has, but tell him to get stuffed, though not quite in those unforensic terms ! You have enough to cross examine on (or the judge has enough questions) to see him off. He may make a lot of noise first but he'll have to end up the loser. Who is anyone going to believe? A builder who says he can't give a receipt because he's forgotten his receipt book and never remembers to issue one, or you? And that's just the start.
I couldn't agree more with Fred. Stand your ground. This guy is a prat. Worse then that, he's an incompetent prat.
Limited Company and subcontractors by the sound of it. Fine if the Company is kosher. Plenty of scope for aggravation if not.
I'm tempted to say he's underpriced it. £9k to include demolition and 2 storey rebuild?
Plenty of decent people to approach though. When you do, itemise every trade that is incomplete, and have the new builder list all on his quote. No need to price it all separately. Just ensure the quote is detailed. For what it's worth, that's how I would quote you. As they say in the legal world "for the avoidance of doubt" Good luck.
Limited Company and subcontractors by the sound of it. Fine if the Company is kosher. Plenty of scope for aggravation if not.
I'm tempted to say he's underpriced it. £9k to include demolition and 2 storey rebuild?
Plenty of decent people to approach though. When you do, itemise every trade that is incomplete, and have the new builder list all on his quote. No need to price it all separately. Just ensure the quote is detailed. For what it's worth, that's how I would quote you. As they say in the legal world "for the avoidance of doubt" Good luck.
Hi 'The Builder',
Thanks for your input. We'll certainly insist on a detailed quote before work continues.
You're spot on. It was a limited company with some staff, but in the main a sub-contractor doing the main demolition and building work.
Seems they have a 'trust mark'. Might be worth talking to Trading standards if he gets all pressured at us.
Thanks for your input. We'll certainly insist on a detailed quote before work continues.
You're spot on. It was a limited company with some staff, but in the main a sub-contractor doing the main demolition and building work.
Seems they have a 'trust mark'. Might be worth talking to Trading standards if he gets all pressured at us.
If he is a member of Trustmark, a government backed guarantee scheme, this is the complaint procedure.
http://
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A lot of small building companies get most, if not all of the actual work, done by sub-contractors. The company owner is really a project manager although he'll probably do some of the labouring work. This is OK and shouldn't be a cause of great concern.
Get a written quote with EVERYTHING shown. If they are laying the new kitchen floor for instance the price for that should say "kitchen floor tiles costed at £x per square metre. That way if you choose more expensive ones you know what the extra cost will be.
Get a written quote with EVERYTHING shown. If they are laying the new kitchen floor for instance the price for that should say "kitchen floor tiles costed at £x per square metre. That way if you choose more expensive ones you know what the extra cost will be.
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