Builder appointed by loss assesor we appointed - defective work

[intree]

In Sepetemenr 2014 we had a water leak and damaged was casused, the Insurer appointed a loss adjuster and due to work commitments we appointed our own loss assessor, who provided a free service as long as we used their appointed Builders.

xxx assessors appointed the builders xxxxxxx and work commenced, after they finished, they made me sign a document to confirm all the work was to a high standard, I agreed and provided this as all appeared to be ok.

After 2 months we had noticed that the work they had completed was of a very poor standard,

1) THE kitchen tiling had not been completed under the appliances, old tiles were left in place and all the appliances were tile round, when we came to replace these we then found the defective work.

2) THE kick boards were not left in a good state and were falling off as they used the wrong connections.

3) the Toilet they fitted was defective and leaked.

We contacted XXXX Loss assesors and after extensive denials they confirmed 5 months later in July 2015 that the Builders were liable and it was not their responsibility as our contract was with the builder!

We then wrote to the Builder and sent pictures to them of the defective workmanship and confirmed that we were not now prepared to accept any work to be done and wanted a refund of the £1900 paid by the insurer to remove the tiles make good the floor and retile the floor, we heard nothing.

On 20 July we wrote to XXXXX and the Builder indicating if the payment is not returned we will issue court proceedings to re cover the money paid by the insurer, as the work needed to be complete and redone and the floor retiled after levelling.

On the 21 we received a text message indicating the following from the Builder!!

"Contact was made through XXXXXX , and you have failed to materialise any evidence to our original response? So there's nothing else to say and I'm happy to see you in court where we will hear and see all evidence of schedules, my quote, original false allegations, fraudulent claims for fridges/appliances and the lies that where told and can be disproven, I've have texts from your husband and witnesses disproving many of your accusations/ lies. I was waiting to say nothing and wait for court! But I'm a decent, honest fair man and I'm letting you know today;

XXXXXXXX has been deeply scared, upset and effected by this scandalous behaviour and is fully covered legally to seek counter claims for lost time, stress,stress to my family and work staff, false accusation, etc etc.

I will not be making any further contact until I see you both face to face in court"

 

We have written back denying his accusations and given him 7 days to refund the money so the work can now be done correctly!

 

 

[i hate bailiffs]

Have you contacted your insurance company?

It was their money that paid for the repairs

 

Not sure how court action would work claiming back a third party's money

 

Get on to insurance they should send out a surveyor \ loss adjuster to asses the work

[intree]

Thanks for the response

 

 

I have contacted the insurer and their loss adjusters they have confirmed that as the loss assessor was appointed by us and they in turn appointed the builders, they paid based on the Loss assessor indicating the work was completed, accordingly they advise that the matter rests with us to take up with the builder as it is their workmanship that is at fault and as the workmanship has a 2 year warranty they need to honour this (which they have not) or refund the money to allow the work to be completed, hence the complaints to date and the action we need to take in Court.

[f16]

intree

I'm sorry to say this but the insurance company is correct.

You appointed your own "Loss adjuster" who then suggested a "builder". In your case a Cowboy.

You then signed the job off.

 

Your only option is to go the Court route but I don't fancy your chances

[unclebulgaria67]

Agree. You need to look to the builder you employed. If you want to take this further, you will need independent expert reports, which back up your case. Don't bother taking this to court, unless you have all the proof you need for a Judge to see the Builder has not fulfilled the contract, doing the work to a professional standard.

[intree]

well I AM going to issue a claim in 14 days as they have a 2 year warranty and have not even bothered to honour that, in any event the work they did was defective and covered up, I signed off the work I could see, based on the work I could see!

 

 

I signed as they wanted me to do this then and there as they were working in London and did not want me to sign this at a later stage (as I suggested 14 days) they stood around and then I signed based on the cosmetic finishes which I must say were looking good!

[unclebulgaria67]

Just make sure you have a solid provable claim which would be difficult to argue against. Plus you have evidence of giving the builder plenty of opportunity to resolve.

[intree]

thank you for the advice,

 

 

I have the photographs, also the contract and their web site confirms they are members of FMB and they give a two year warranty, they are making the allegations against me to just frighten me and have no foundation, I can only take this to Court as its important that they realise they can not do this and then wash their hands of a bad job, what other evidence would you suggest?

 

 

Thank you

[unclebulgaria67]

A third party assessment from someone qualified to say the work was done incorrectly and how much it would cost to rectify.

 

Does the FMB have a dispute resolution service ?

[intree]

Thank you for the advice, I am not sure they are full members as I can not find them on their website, but they do advertise they are!

 

 

I will obtain a quote and submit this together with a estimate.

[unclebulgaria67]

Get confirmation as to whether they are members of FMB or when they were last members. Might just help a bit, as a member of the public may be reassured of the quality of work expected by an FMB member. If they have been advertising FMB membership, when this is not true, then this may undermine any defence they put forward.

[intree]

they are FMB members but have failed to invoke the dispute resolution process or the warranty, I have just about had enough of this builder and his shameful actions to date!

[f16]

Hi "guys"

 

This reminds me of "kinger122" thread which was about a very badly constructed roof.

The "Clown" that carried out that job was a member of the roofing version of the FMB. Which you pay to join !!!!!!!!!!! It's not based on your preceding years work or even your last job. You pay to join and get some stickers for your van and your allowed to use their "Logo".

 

By joining you automatically become "A Master Builder, A Master Roofer, or A Master Craftsman". Forget the years of experience and honing your trade that are required !!!!!!!!!!!

 

So anyway. .... I digress... After you pay to join your also allowed to give an insurance backed guarantee. (Which you could drive a bus through sideways).

 

You will find a clause in there which states (roughly)

"If court proceedings have started the policy is "Null and void".

 

How did you pay ?????????? Credit Card ?

I've got my money on cash.