Update: Small world, the planning consultants we had over have now 100% confirmed they had bad dealings themselves with the builder, so we now have a case from 2000, 2006 and ours 2012/13! Unfortunately the bulder in each of the cases used a diffrent limited company name. To top it off we have now found a number of malpractices/negligence from the Architect which is noted in another thread at http://www.diynot.com/forums/building-regs-planning/has-my-architect-been-negligent.365325/#2772663

Thanks guys. Met with the Planning Consultants today, lovely old school couple in fact. Husband is an Architectural Technician/ex Planning Consultant and the wife keeps the business together and has a bulldog attitude. I have given them ALL 47 drawings (plannning & technicals) from the original Architect and they are going away to assess them and hopefully report back tomorrow to whether or not there has been an negligence against the original Architect. Talk about small world! These Planning Consultant we met today asked who was the "builder", i mentioned "xxxxx" and low and behold they potentially know of him having had a bad dealing with him themselves a few years back! But they are going to double check their paperwork etc..... They are also going to speak with the LPA Enforcement Officer to help establish how we can move forward, fortunately he knows the Officer as he's an Ex Planner himself. Appreciate your comments about pursuing the builder/company. When we sort the actual build out to progress forward I will 100% speak with the necessary legal's. The "rogue builder" must have gotten the registered letter that was sent to him yesterday as it part stated issues the Building Surveyor had with his building work at the site. The Building Surveyor received a call from the buildr out of the blue questioning what was wrong, but would not say and directed him to us if he wanted to know the contents of the report. Why would the builder care if he terminated the contract himself.. something tell's me he wasnt expecting this letter and he's now shoing early sign's of concern. Wish I could reveal the letter but unfortunately for obvious reasons I have to be very careful in not mentioning any names etc.... I have also tried contacting the original Architect twice over the past 48 hours with no reply, starting to feel like they are totally washing their hands of any involvement. So if it's deemed/proven that they have failed to produce correct drawings from the outset I will be reporting them to the ARB. On three points 1) Negligence (drawings) 2) Duty of Care 3) Conflict of Interest (architect recommended a builder at tender stage who we have since found out is his brother in law) 4) The denial that the Architects firm did not recommend the "rogue builder" (I have an email from the architect work email giving me his name/company and contact details of this builder) 5) Conflict of Interest (builder, builders wife, the electrician, the architect and the Accountant for whom they all use.. all tied into this proposed Children's Play Centre as documented in a "supporting statement" document attached to the planning application. Oh to top it off, we had a guy call me out of the blue today asking if we wanted to sell as apparently he wanted to buy the original house of where the building works were/are taking place! This is legit as he know's/knew of the full details that no one else would have known other than the original selling Estate Agent. Meeting him on site tomorrow to see what he has to say, shall let him do all the talking! One thing for sure, life is not dull at the moment! More to follow.....

Thanks you two!!!! Your advice is certainly well taken and we will sit down further and discuss. Just wish we knew of a decent not too expensive Lawyer/Barrister to sit down with. My only doubt is the fact to date £85,000 in CASH was handed over and presumed that could just get easily "lost", or are you suggesting that because we have a signed sheet with payments made to the builder "his name" this could be enough to implicate the company via his signatures confirming he was in receipt of monies? Meeting with an independant Planning Consulatant this afternoon to help assess how we best deal with the Enforcement breaches currently held over the build and discuss what we also believe to be incorrectly drawn plans by the Architect.

Daniella & Steampowered: Unfortunately the fixed price quote outlining the price, works to be undertaken, specification and time frame were all written all COMPANY NAME letter headed paper. Inclusive of company address, VAT reg, company reg and his signature. But not with the word Director. The builder did negotiate from an original price requested of £212,000 after we said it was too high and he eventually came back and said £193,000 if we could make it CASH. I have been working with a Mod over on WhatConsumer who is a builder dispute fixer, party walls etc.. as well in final year of Law. He and I put together a formal letter outlining in fact everything that had unfolded and the negligence of the builder, he terminating the contract via email, walking off site etc.... This was sent recorded to his home and business (Accountant) address yesterday. Part of the letter contained information about various defects found by the Appointed Building Control Surveyor and today the builder contacted the Surveyor, so he deffinately got this letter today! Believe his feather's may be ruffled but time will tell to what extent. As mentioned in my opening post we are having him for Repudiation and had agreed to his own termination of contract, this apparently hold's up well in case we do want to sue his company. But as said, unless I can get to HIM there's not a great deal of point other than exposing HIM through various media outlets, this we will save for down the line when he least expects it. Especially if and when he get's his Children's Play Centre up and running. Today we had various meetings with our SE and the Surveyor and it seems the Architects have also been negligent and we will now be pressing them on a few points. Main point, the approved Planning drawings (PL) do not match those of the Technical/Tender (T) drawings, so many elevation variations you would not believe! This was all brought to light when the Enforcement Officer stamped a breach on the build and he came waving his colourful PL drawings in front of us. Then it was noted that the drawings most builders would work from, the T drawings show a numbers of discrepencies which would always leave the build open to Breach! I am trying to get a meeting with the Architect but he has conveniently avoided this over the course of today. The Architect has also denied the builder was a recommend which is utter bollocks and we have an Architect's addressed email from last October to us offering the builder's details as a potential. More to follow!

Too late to put in an objection, plus an emotive objection stands for nothing... he already has over 20 objections to the potential Play Centre which funnly enough was supposed to have had a decision made by yesterday..still pending.

Payments were made in cash, generally on a weekly basis every Friday. Document has property owners names, builders name only, the amount, the date and signature from each person. Original agreement is signed by him only but as a detailed fixed price quote. Many other documents too.

We are not sure this is currently being assessed. Worse case scenario demolished or the whole scheme has to be resubmitted as a new planning application with the breaches taken into account. As it's a material breach it will deffinately not be deemed a minor amendment. Although the Building Inspector and SE both agree the deviated extension still sits a metre from the neighbouring boundary as per the architect plans, but it looks like the architect did not account for the correct location of boundary if that makes sense. So in theory the extension sits in the same position away from the boundary as was approved, but the overall width of the extension has been enlarged from the approved plans without consent. This is an extract from the original case officer's report upon suggesting approval should be granted and the fact remains it's still sited a metre. "The proposed two-storey side extension would comprise an attached double garage to the ground floor and living space within the roofspace above that would be served by 2no dormer windows within the front elevation and 2no. rooflights within the rear elevation. It would have a lower eaves and ridge height than the existing dwellinghouse and would be sited one metre from the shared side boundary and have an angled design that follows the angled nature of the plot."

The £55,000 was the balance outstanding for the builders wages and materials to complete the works. No it does not have to be paid, expecially as he ended up under quoting on a fixed price contract, received 65% of the monies with a circa 30% completed. Plus the fact he terminated the contract not us and the fact he has deviated off plans and we now have a breach over the whole property with lots to put right. Including a 80sqm side extension that has been built oversized without the LPA's or our consent.

Rang CAB, as Trading Standards do not take calls, CAB suggested they could penicl in an appointment in 3 weeks!

Thank you Daniella. Your right, we are reeling from everything that's gone on. We are 2 decent streetwise (so we thought) people, who thought we would employ a recommended Architect, SE, Builder etc... all local and all know each other.... and then BAM! it seems like no one is prepared to admit fault, help etc... yet we are out of pocket massively by the rogue builder they recommended, architect totally fobbing us off, police totally useless.... and with what money we have left we need to pick up the pieces and try and get the project finished. I so wish we had a few thousand to throw at a Barrister, but my partner and I are just so so lacking strength and the whole retribution and justice matter seems nothing more than a diversion from what we need to get on and finish. Why oh why is this god for saken world full of low life's that set out to destroy those who are just trying to get on with an honest existence! I personally so so so want to expose EVERYONE involved to the media but I know they wont touch it considering the complexity of potential Libel's. What we are going through makes the "cowboy builder" show look like a walk in the park..seriously! Anyway, thankks so much for your input, it helps keep us slightly sane right now Regards

Thanks "steampowered" & "Daniella" advice noticed. Further Update: The Architect who we paid to gain planning approval for planned drawings and subsequent to that "technical" drawings is totally washing his/there hands of the matter and have suggested we instruct a Building Surveyor to remeasure, sections, elevations etc..... at a cost of £1700+VAT. This we don't understand considering we had already paid the Architect for both the "plans" and "technicals" for which was apparently all that was required for a builder to complete the build. As mentioned, it was the Architect firm that recommended the builder who has since caused the above mentioned issue's in my original post. I was also told by the Architect last Thursday that the builder 6 weeks ago whilst still on site and getting paid by us mentioned to him that he had issue's with the build and wasn't sure how he could continue. We were never informed at the time, surely a moral duty to inform us..??? We truly believe the Architect (ARB registered) has a matter of Professional Negligence to answer in the fact of his/there relationship with the builder and the Play Centr. Let alone the fact we have now found many specification conflict's between planning and technical drawings. What are the builder's supposed to work off when it comes to building, planning or technicals? eg one elevation has a room set at -750mm on the technicals, where as -700mm on the planning drawings. Front elevation of garage extension techincals set at 7640mm, planning drawings set at 7599mm. We have also been done for Fenstration by the LPA enforcement officer, purely based on the fact the planning elevations they hold are slightly different from the techincal's which presumabley the builder was working from. Totally get your view re Police and civil matter, but it goes deeper. On 23rd Jan this year the builder claimed to have all his tools stolen off site. 8am Police were there followed by CSI shortly thereafter. No forced entry was found but were very jokey with the builder and eventually suggested a small and I mean very small mark was found on a rear door and put that as the entry point. Thus an insurance claim now possible for the builders tools. There was heavy snow the evening before and not one front print was found anywhere near that back door! Sub contractor's on site at the time also found it strange as to the Polices' agreement of forced entry etc... There is an absolute massive amount of "aledged" circumstantial collusion going on here on various levels but we do not have the funds to feed a Lawyer/Barrister to get answer's and justice at this stage. Thanks again for reading.

Update: Walked into local Police Station today to explain circumstances and within 5 minutes of speaking to a "duty officer" we felt totally blanked and left without any support/empathy from him. It did not matter that a builder had left our home in a total state of disrepair, water ingress, exposed to elements, commited fraud by accepting monies for which materials never appeared etc...... Its nothing more than a "civil matter" and passed the buck! Would not even write a crime report, just a few scribbles on his A5 notepad. Unbelievable!

No, have not seen a formal solicitor yet. But have discussed in length with a Disputes chap that handles construction Breaches/Disputes and today we are sending recorded delivery letter's agreeing to his termination and thus repudiation. As mentioned we are not loaded with money and what money we have left is not enough to finish the build so we are concerned about spending a few thousand with solicitor's until we know more ourselves.

Thank for taking the time to read. The story below involves a serious case of Builder Breach of Contract/Fraud and Malcicious Damage. The location is East Cheshire. In May 2012 we employed the services of an Architect to design major extension plans for an existing bungalow. These were approved by the LPA in July 2012. By this time we had also employed a Structural Eng and Building control surveyor, all were local to the build. We were recommended a builder by our Architect firm after meeting numerous other builders and we decided to go with the Architects recommend. A contract of fixed price quote was agreed/drafted outling the works/plans/specifications/work programmed/payment schedules etc.... the build time was 26 weeks at a total cost of £193,000. The building works commenced early December 2012. Fast forwarding to April 2013. The builder without reason had walked off site, became uncontactable, left personal possession's on site. Now behind schedule and overpayments made for incomplete works (long story). He had left the property only 30% complete has been paid £85,000, £55,000 remaining, the balance to be paid to window company and personal allowance toward fixtures and fittings. May 2013, the builder was sighted working on his own property with the sub contractor's that were working on our site, still failing to make contact with us. Architect was not paid to oversee the works but as they were associated (recommended and proven business associates) with the builder we felt it their duty to liase, they washed their hands of the situation. With the builder now being away from site for inexcess of 21 days we eventually received an email stating he would not be returning to complete the works. Early one morning he removed his personal possessions, our paid for materials and left the property looking like a war zone. We have agreed to his termination and now hold him in repudiation (breach of contract). Unfortunately he hides behind a Limited company with NIL assest's. Further to this, we have since gained reports from the building surveyor who has written a report condemning the works undertaken by the builder. Also noted that the builder made nil contact with the surveyor for the past 3 months whilst major building works had taken place. To top it off we have now had a visit from an LPA Enforcement Officer suggesting "development in its entirety is unauthorised and in breach of planning control. Due to the builder having deviated from the approved plans without consent. I shan't go into detail of the deviations, but they are of massive consequence, both materially and financially. The builder has not only commited Fraud by taking monies for not completing works and suppling materials for which were agreed, but he is also in breach of contract by terminating the fixed price quote and agreement/contract of his own will. Along with now leaving the property in an unauthorised state by the LPA. The property was left unsafe, unsecure and parts of the roof are exposed to the elements thus causing major water ingress. It's now totally unihabitable, unsellable and unmortgageable. As mentioned, because the builder (Director) hides behind a worthless Limited Company I have been advised suing the company could be a waste of money. Right now, our lives are in tatter's, we are probably inexcess of £100,000 out of pocket (amount necessary to make right the wrong's and complete the extra to complete the project with another builder) and have a "cease work order" over the property by the LPA. We are not chasing sympathy just want to make people aware to be very very careful when it comes to major building works even if it's a builder from a recommend. As it stands we have all but lost strength to carry on let alone the retribution I want with the builder. If anybody with similar severe case of builder fraud/breach of contract has any input it would be greatly appreciated. Various documents/paperwork/reports/photographs/proof of payments, emails/text dialogue etc... is all available as proof against the builder. Oh, the builder under a different company name is currently seeking planning permission to open a Children's Play Centre and this is in association with the same Architects, the Electrician he used on our site, the builder's wife and their Accountant. The Accountant for whom we have since found out was the owner of a property which the builder showed us his previous work before we agreed a contract for him to work on ours. This was not divulged to us at the time. It has also come to light that the same builder commited similar offences back in 2006 under a different company name (Directors - builders wife and same Accountant) which has since been struck off/dissolved. As it stands, as of this date we are in a massive mess and are not sure how we are going to get out of it. To me the law is an "ass". Trader's can hide behind a worthless Limited Company and the innocent client/customer has zero recourse with regard justice against these criminal's. We do not have thousand's of £££ available to sue as whatever we have left need's to be put back into making this "war zone" of a property hopefully one day habitable. Thank you for taking the time to read.