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janetteallan · Joined: 09 Nov 2002 Posts: 11

Can you tell me if in your opinion it is ever worth taking a builder to the small claims court. I contracted a builder (two partners) to install an ensuite bathroom, they were recommended by an architect. I was to pay a cheque deposit of 15% made out to ('my partner', whom I misunderstood to mean business partner turned out to be live in partner)and two further cash payments. I have receipts of all three payments. Job was to be completed in three weeks max as we were having a conservatory erected and would not get easy access to drainage. First week ok then partner we were dealing with took ill. 8 weeks later still not finished , (we had withheld £500) we sent recorded delivery letter giving them 7 days to finish or we would engage someone else to finish. We have had no response. While the £500 will probably cover fixing their mistakes and finishing, I am so annoyed at the shoddy workmanship, cheap/damaged fittings they installed and lack of attention to detail, not to mention the time taken. So many people get caught out like this and they always get away with it. I feel a bit of 'dont get mad get even' and wasting their time in court even if I were not able to be compensated would be worth it.
I would appreciate an opinion on this?

thescruff · Moderator Joined: 03 May 2003 Posts: 4249 Location: Bath

First thing would be to ask the architec his opinion.

If the guy is Ill then there's not a dam thing he or anyone else can do, and the builder is probably just as frustrated as you.

I will say with all the mention of cash paymants etc that the job is being done on the cheap for cash in hand, and if thats the case then you get what you pay for.

Finally if the job is really as bad as you say then you can employ a building consultant to sort the mess out, this will be costly.