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Hello. A builder started a two week job on my house on 4 May, to date it has still not been completed. This is due to the originals works were unsatisfactory which was exterior carpentry and plastering of my house. Things were missed and the carpentry was sub standard. The builder decided to rip it all out again and now cannot provide anyone to restart and complete the job.  He told me he couldn't find anyone and asked me if I could ask my builder neighbour to sub contract to him to do the works. I asked my neighbour who then said he wouldn't sun contract but was interested in taking the job on. 

 

I put this to my original builder and he said he was happy for them to take it on. At this point I had already paid for all prelims including scaffolding.  My original builder said he was content to leave the scaffolding up for the new builder to use. However, the new builder says it's not fit for purpose and doesn't comply with H&S, he asked me to get it removed so they can put their own up and get on with the job.

 

So I went back to my original builder to relay this and I asked.for a refund for the scaffolding costs in order to cover this additional expense. He has refused to refund the costs. 

 

Can I check where I would stand with this request of a refund for the scaffolding please?  Thanks.

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What is the name of the builder who has been letting you down?

How much have you paid him and how did you pay?

Is there any money outstanding

I think you will need to get an independent assessment of the work that has been carried out so far and also an independent assessment of the quality of the scaffolding which is in place.

You could also ask your new builder to give you a written commentary on the condition of the scaffolding that I think you will need an independent assessment as well.

How much are we talking about here for dismantling the scaffolding and then putting up new scaffolding to your new builder specification?

 

How much of a refund are you looking for?

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Hi I paid just under £4000 for the prelims including scaffolding. By bank transfer (yes I know).

 

There is no money outstanding as the job was stopped and work removed as it was not good (builders choice to remove it all and start again).  But he can't get anyone to do the work.

 

The cost of another scaffolding is quoted at £1500 from the new builder. 

 

I just want a refund of the current scaffolding costs including VAT.

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You haven't told us who the builder is.

Scaffolding is a bit technical and I think you need an independent assessment of it before you can start sewing for a refund. Does the £1500 include removal of the old scaffolding?

 

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Hi, I am not comfortable naming and shaming at this stage yet, what is the name needed for please? Sorry I am new to this group and just trying to understand.

 

The old builders costs included the erecting and removal of the scaffolding as he has a contract with that company.  The £1500 is for the supply of the new builders scaffolding. 

 

 

 

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The name is helpful to us because we may be able to find out other information about the builder that you haven't discovered yet. Also we will be able to get a better view of the possibilities of enforcement because if it goes there, you may well be able to get a judgement – in fact you probably will – but enforcing adjustment can be a completely different kettle of fish and it is possible to be left with simply your court costs, a judgement and no enforcement.

Also, knowing the name of the builder might trigger other people who check on Google or who visit this site and who have had similar experiences and might contribute to the discussion

Finally, this is a community where we all share our various experiences as fully as possible. All the help and advice you get here is free of charge but others might be able to benefit from this thread and putting up the name of the builder will help.

You found yourself a builder who is producing inadequate work and when you are trying to sort it out he then starts becoming uncooperative when in fact it is clear that he probably does owe the money. This is the man you want to protect.

Have you had a written assessment from your new builder as to what he considers are the shortcomings of the present scaffolding? Is there the slightest possibility that your new builder is trying to add a little value to his job by looking for a margin on the scaffolding as well?

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Thank you for clarifying.

 

I have emailed the new builder and asked them to state what is inadequate with the scaffolding so will see what comes of that.  Your right and it did cross my mind are they insisting on their scaffolding in order to make more money. Hopefully it can be sorted 

 

My worry is that the new builder wouldn't be covered by the scaffolding company's insurance as it wasn't supplied for them in the first instance.

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What has insurance got to do with it?

I'm absolutely certain that you will need to get an independent assessment of the quality of the scaffolding which was erected by your secret builder. I suppose it was the secret builder who put the scaffolding up – was it?

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The first builder who never completed the job did put it up through a scaffolding company yes.  I believe insurance has a lot to do with it if the new builder just used it and something happened such as an accidental without the scaffolding company being aware that their client was no longer using it.   I will definitely name and shame when it's reached a conclusion.

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Sorry but it's unclear what you're saying. Your secret builder put the scaffolding up to a scaffolding company. Does this mean that the scaffolding company actually put up the scaffolding but your first secret builder arranged it/contracted with them to do it? Or did your secret builder simply receive the scaffolding and then put it up himself?



 

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Sorry, the original builder used a scaffolding company to put it up as they have an account with them.   They said they would leave it up for the new builder to use, my issue is whether the scaffolding company would be happy with that arrangement etc. But also the new builder wants it removed so they can put their scaffolding up instead. 

 

I asked for a refund of scaffolding costs from the original builder but he refuses as he insists their scaffolding can be used.  

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Well both you and your secret builder have a duty to mitigate your loss. If there is a perfectly usable scaffolding in place then a court might consider that it is unreasonable for you to insist on it being taken down simply to be replaced with basically an identical scaffolding just to satisfy your new builder.

Also I have to say now, that I think you are going into very difficult territory if you are proposing to rely on a neighbour to carry out the work or to complete it. If things go wrong there, you may find yourself in conflict with somebody close by who knows other people and this is somebody who you might have to pass in the street every day.
This is not the kind of thing which can be very helpful to neighbourly/local good relations.

Are you sure this is what you want to do?
Maybe you have simply approached your neighbour because it is somebody close by and who express an opinion that you have already got yourself into a problem by choosing a builder who is clearly not up to the job but who you want to continue protecting – and may be the whole thing is it needs a little bit more thought before you start taking on another builder simply on the basis that that person is a neighbour.
Maybe it would be better to keep a certain distance from these people when you enter into contracts with them.
 

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