Builder died during my building work with my deposit in his bank account

[Cazgym]

Hi

I started building work in late December of 2021. The main builder/owner suddenly died at the end of January with my deposit in his bank account. The contractors that worked for him carried on with my build (two of which were his son-in-laws) but mid-way through started saying that the build was under quoted and that they will walk off the job if I didn't pay the extra. This was at a stage where my house had no roof and was looking quite derelict.

Due to the amount of stress and anxiety this was causing me I had to beg and borrow extra money (which I have to pay back) so that I could get my house to stage where I could move back in.

What I wanted to find out is can I get my deposit back via his estate? I did have a contract in place but have subsequently found out this his company was dissolved and that he was in a huge amount of debt.

Any help would be appreciated

Thanks

[stu007]

Hi

 

So you employed this Contractor to carryout building work to your Property and had a Contract in place.

 

Sadly the Main Builder/Owner Passed away but his two Son in Laws carried on the building works but have since demanded extra money stating the works were under quoted.

 

1. Who signed the Contract was it the Main Builder/Owner?

 

2. Is the Contract in the Main Builder/Owners Name or in the Dissolved Companies Name?

 

3. Was the Contract staged with staged payments or did you pay these costs upfront?

 

4. Were the two Son in Laws involved in the Building works from the start?

 

5. Are there any clauses in the Contract Signed about extra costs if under quoted etc?

 

6. What was the Contract initial costs for all the Build?

 

7. What are the extra cost for the under quoted works by the Son in Laws?

 

8. When you mention Deposit for these Building works has that Deposit been used for the Build or have you asked the Son in Laws?

 

 

 

 

[Cazgym]

Hi Stu

 

Thank you for replying.

 

1. contract was done over email so not hand signed but is on company letterhead and was done by main builder.

 

2. Contract is in the dissolved company name.

 

3. Contract stats payment terms are 20% deposit plus VAT to secure start date  paid to Biggins Renovations, followed by 10 weekly payments of 7% to our non VAT registered contractor and 10 % on completion with a lifelong guarantee on construction and 6 year guarantee on everything else.

 

4. Yes one was my main builder the other was helping the main builder project manage their builds.

 

5. No clauses.

 

6. Initially £101,920, then revised which was agreed revision whilst he was alive.

 

7. Yes that’s correct, it’s ironic that the extra costs quoted by sonin-law was around the amount I paid for the deposit.

 

8. Yes I did ask, no it hadn’t been used for my build, the son-in-laws said they had no access to his bank account and that I his wife was refusing to discuss the situation, they later told me that they found out he was in a huge amount of debt.

 

Any help is appreciated, thanks 

[stu007]

Hi

 

Thanks for answering my questions.

Could you clarify that the Company was Dissolved before you took out your contract with them and provide a internet link to this dissolved company? (my search on the Company Name you mentioned brings up two different companies

 

The difficulty I see here is that the Contract was in this Company Name that was Dissolved and if the Contract was done after this Company
was Dissolve Irrespective that the Builder/Owner has passed you need to inform Companies House.

 

Have a look at this link:

 

Reporting misconduct by companies, directors and bankrupts to the Insolvency Service - GOV.UK

WWW.GOV.UK

 

[Cazgym]

Hi 

 

Thank you for your reply. 
 

Yes it looks like the company was dissolved when the contract was taken out. The link is below.

 

The second company was started by his son-in-law after his death.

 

I will contact companies house.

BIGGIN RENOVATIONS LTD overview - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

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BIGGIN RENOVATIONS LTD - Free company information from Companies House...

 

[stu007]

Hi

 

Thanks for the Link that was the first one of the two I came across.

 

Anyway have you looked at the link properly and click of the part 'People' this then shows you who the Director was and the named person is a Samantaha Bushby.

 

BIGGIN RENOVATIONS LTD people - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

---

BIGGIN RENOVATIONS LTD - Free company information from Companies House including registered office address, filing history, accounts, annual...

 

Is the above person the Wife that is refusing to discuss this matter/deposit paid

 

As stated in my post#4 look that link to report this company to Companies House and if the above info on the Director is correct you make sure and mention this and there refusal to deal with you and that the two son in laws that were at the start of the build until Builder/Owner passing asked for more money as under quoted.

 

Has the Building works to your Property been Completed?

 

Did any of the Building works require Planning Permission?

 

If yes to the above on Planning Permission have you contacted the Council to have a chat to a Building Inspector as you are unsure the works have been carried out correctly as you have found out the Company was dissolved some time before you signed a contract for these works and the works were carried out?

 

 

 

 

 

 

 

[Cazgym]

Thank you.

No I didn't realise Sam Busby was a Director and yes she was his partner. I haven't spoken to her personally the info re: not wanting to speak about the deposit came via the son-in-laws. Should I send a registered letter to her?

Yes I will definitely be contacting companies house.

Yes mostly completed by one of the son-in-laws but he finished up in May as I couldn't keep paying out more money. I moved back 3 weeks ago and there is still a lot of internal work to do.

Yes I did require planning permission, I didn't use the council inspector though, I used a private one but there no harm in asking.

Thanks

 

[stu007]

Hi

 

Was it you that obtained the Planning Permission or was it the Dissolved Company Builder/Owner that obtained the Planning Permission?

 

Irrespective of the above answer I would have a chat with the Council Planning Dept as you have only recently become aware that this Company was Dissolved before the works commenced on your property.

 

So the wife that is a Director of this Dissolved Company that you signed the Contract after they were Dissolved but the contract signed is all on in this Dissolved Companies Name and it was her Husband (I assume please correct me if I am wrong) and supposedly on the son in laws word the wife wont discuss the return of your deposit paid. (how do you know what the son in laws say is correct.

 

IMO you first course of action is to report this all to Companies House as why was this Dissolved Company still operating under the Dissolved Companies Name and explain everything to them and the main proof you have is that Contract you signed with that Dissolved Companies Name all over it and as you now know the Director is the wife. look at the link in post#4

 

If you do decide to write to her asking for the return of you Deposit under the Companies Name (Do Not let on that you know it is Dissolved yet) enclose a copy of the Contract and just be polite and see what response you get. (IMO I would only do this after reporting all this to Companies House). Make sure you keep copies of everything and ensure you have a trail it was signed for or get free proof of posting from the post office.

 

You need to keep a good paper trail of everything

 

I don't think I asked but how much is the Deposit you are chasing to get back?

 

 

[Cazgym]

Hi 

 

It was my structural engineer who applied for planning not the builder.

 

I will call the planning dept, there is no harm in asking.

 

After doing some googling yesterday I think  she is his long term partner but yes it says she is the Director and I signed the contract after the company had dissolved. I don’t know if the son-in-laws are correct but I didn’t she was involved in the company until yesterday.

 

Yes, I will contact companies house re: all of the above and I will also write a letter to the partner as suggested.

 

I will also keep a paper trail.

 

The deposit was £23520. Should I ask her to reply within 14 days or just leave the timescale open?

 

Thank you.