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Court Claim - A local builder / Local builder - 11-9-2014

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  • Court Claim - A local builder / Local builder - 11-9-2014

    Received a claim? Yes
    Issue Date: 11-9-2014
    Amount approx: £621 including court fee
    Claimant: A local builder
    Solicitor: None
    Original Credit: Local builder

    Particulars of Claim:
    Mrs Bxxxx has deducted #561 from the final invoice for work done to her extension. she thinks I should have painted the external rendering and windows and paid for the flooring to be laid in the loft conversion.
    She turned down a quote for painting and decided to do it herself. She had asked if we were able to lay the laminate floor, I said she should speak to the carpenter and ask if he would do it, but I never said I would pay for it and it was never in my estimate.
    Mrs b has been a very difficult customer from the start of the project and I have bent over backwards to try and keep her happy. I even agreed, at her request,to carry the cost if I went over my estimate, even though I new I would lose money, but I wanted to finish the job and make sure everyone else got paid ok.


    Stat Barred?

    Have sent: Acknowledged the Claim

    Other Info:
    Iam considering sending a CPR 31.14 request which asks him for the following :
    Evidence of Amount deducted - as I believe I have only deducted £538 from the final bill
    Final invoice
    Quote for painting
    Estimate including a breakdown of labour ; materials cost for phase 1,2,3.

    Is this ok give the particulars of the claim that the builder has made ?
    I feel it is not an accurate statement of claim because
    The issues began when he charged over 30 % higher for phase 2 of the project but refused to give an account as to why - despite being asked in writing to give a detailed breakdown of what we had paid so far we never received it

    He then said if we wanted wood windows we would have to pay the difference - I asked him to let me know this . He never did this
    He verbally then agreed to stand the difference for wood windows . So we asked him to put these in . Later he asked us for £288
    He also verbally said he would deduct £900 from our quote for not building cupboards which were on the plans. We agreed at this time not to go ahead with cupboards as we wanted save money . He then revised this figure to only deducting £650 when Gareth my husband sent him a text to try to clarify in writing the final amount we owed.

    It is this money 288 + 250 that we deducted from his final invoice paying him £4566 of a final invoice of £5104

    We have issues with it all but want to settle out of court if we can - but he has already rejected one compromise we offered him which was to meet him half way as we paid for the floor and windows and render to be painted even though again we believe this to have been in the quote .
    we do not want to admit to this inaccurate statement especially the arithmetical error in what we have deducted . We also want him to understand that we did not deduct money for the reasons he gives on his statement but because he has never been clear despite repeated requests since the end of phase 2 for a breakdown of what we are paying for

    Please can you advise of us of what we can do next ?
    Tags: None

  • #2
    Re: Court Claim - A local builder / Local builder - 11-9-2014

    Was it a Quote or an Estimate?
    Whichever it is do you have it as evidence of what should have been done were any alterations to the work Quoted/Estimated agreed in writing.

    Comment


    • #3
      Re: Court Claim - A local builder / Local builder - 11-9-2014

      Hi it was a quote for the complete works but no he did not detail any of the work beyond broadly estimating the cost of phase 1 to alter 1st floor ,cost of phase 2 to fit staircase and loft floor , and costs associated with phase 3 as when repeatedly asked for further detail he said it as was per plan which the architect drew up . however window type was not detailed on the plan ; the cupboards were drawn onto the plan but not detailed and the deductions were only verbally agreed.
      He refused to put them in writing however we have a text for him stating that he had planned not to charge us the difference for the windows but had changed his mind and that his verbal agreement of deducting £900 was just a rough estimate off the top of his head and the true cost was nearer £650

      Comment


      • #4
        Re: Court Claim - A local builder / Local builder - 11-9-2014

        Sorry having problems with the technology of posting !

        Comment

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