Law2 mins ago
What are her rights?
Approximately 2yrs ago a friend of mine had a very small porch extension put on her house and the work was done by a builder on the side as far as I can gather. Without being awful, she can be a nightmare person to deal with when having stuff done and she is very fussy. In fact my hubby is a bricklayer and could have done the job for her but I didn't want him to get involved as she can be that bad! Anyway she is selling her house and has had a survey done and it shows that there is damp in the porch. She phoned me to ask my hubby's advice on what to do as she cannot contact the builder, apparently he doesn't answer the phone ever but she has his address. Now she did have a written quote for the work but no contract was ever signed. Can she take the builder to court and sue him for bad workmanship? What happens if he doesn't respond if she sends him a letter? We don't really know what advice to give her as it is not really hubbys line of work exactly? Can anyone offer any advice?
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With so little information to go on, it is impossible to say what is wrong (how bad, where, how come 2 years passed and nothing showed) - you can imagine the builder saying this.
Can she take the builder to court (small claims)? - yes, of course she can try. She would have to demonstrate that it is an inherent defect caused by the construction method, and not something else caused by her existing property or some event later.
What happens if he doesn't respond to a letter? - nothing, it neither strengthens or weaknesses the case. But one can guess that it is unlikely he will respond.
This sounds like a non-starter. She may well have to spend more on specialist reports to propose the exact source of the defect, to demonstrate the builder's errors - the report she has presumably just says there is damp in there.
Can she take the builder to court (small claims)? - yes, of course she can try. She would have to demonstrate that it is an inherent defect caused by the construction method, and not something else caused by her existing property or some event later.
What happens if he doesn't respond to a letter? - nothing, it neither strengthens or weaknesses the case. But one can guess that it is unlikely he will respond.
This sounds like a non-starter. She may well have to spend more on specialist reports to propose the exact source of the defect, to demonstrate the builder's errors - the report she has presumably just says there is damp in there.
Just put this to her and she says no he never gave her a receipt.
I think she is wanting us to say she has got a good case against the builder and have my hubby backing her. She also says she has looked stuff up on the internet about how you can pay someone else to put the work right then claim against the builder for the costs. Again I have a feeling she wants my hubby to do this but he would rather not get involved either!
Are you saying that just because there is damp in there doesn't mean the builder did anything wrong?
I think she is wanting us to say she has got a good case against the builder and have my hubby backing her. She also says she has looked stuff up on the internet about how you can pay someone else to put the work right then claim against the builder for the costs. Again I have a feeling she wants my hubby to do this but he would rather not get involved either!
Are you saying that just because there is damp in there doesn't mean the builder did anything wrong?
It could be anything tigwig - damp from below, damp through the roof - how do we know.
From what you said in the original post, you surely don't want it get involved at a technical level. 'My hubby can't really comment since he didn't do the job - you'd be best getting the builder back - what's that? he won't won't come back - that's the real shame'.
It is untrue that you can engage a builder to put it right and claim the amount. You have to give the original builder an ultimatum that if he doesn't respoind by x you are going to engage someone else than claim from him. Even then, she may not win the case.
From what you said in the original post, you surely don't want it get involved at a technical level. 'My hubby can't really comment since he didn't do the job - you'd be best getting the builder back - what's that? he won't won't come back - that's the real shame'.
It is untrue that you can engage a builder to put it right and claim the amount. You have to give the original builder an ultimatum that if he doesn't respoind by x you are going to engage someone else than claim from him. Even then, she may not win the case.
Well it does, it helps a bit. Because any successful attempt to get a court order would be made against him as an individual not against the company owned by him (that did the job). In the latter situation, if the company had gone out of business, there would be no way of getting any money - one would just be at the end of a long line of other creditors also owed money.
As an individual he can't just say he doesn't trade anymore hence has no responsibility / liability - unless he goes personally bankrupt.
As an individual he can't just say he doesn't trade anymore hence has no responsibility / liability - unless he goes personally bankrupt.
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