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Additional Details
He ... |
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Christine V | During buiding work there has been a considerable amount of damage. The builder will not repay me.? |
He destroyed my Vacuum cleaner, my fridge freezer and threw away a carpet I was planning to refit. The total comes to £1250. He has already been paid for the work and claims that it was not his workers but sub contractors, and that I should take it up with them. However I think he is responsible as the main contractor |
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welcome news
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You need to know on what basis were the sub-contractors used. If they are Labour Only Sub Contractors - acting under the guidance of the principal contractor then the principal contractor is liable for their actions. (As they are being regarded as being his agents/ employees).
If the contractors are Bona-Fide Sub-Contractors then the primary contractor is not liable (unless he assumed liability under contract with you) and the BFSCs are. A BFSC is basically told to do a job by the main contractor but how they do it is up to them i.e. the contractor does not have control over their actions. BFSCs should have their own public liability insurance (which the main contractor should have checked - as it is usually a requirement under his own policy that he does so!).
So: Find out the details of the subcontractors |
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Hibee
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Seems a lot of money for a used vacuum cleaner, fridge freezer and carpet. |
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aires69uk OFFICIAL
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The main contractor is initially responsible. Tell him that you want him to make a claim on his Public Liability policy. If he refuses to make the claim himself then ask which insurance company he is with and write to them directly. The main contractors insurers will claim against the sub-contractors insurers if needs be but that shouldn't affect you. The main contractor is your initial port of call and as I say, tell him that you want him to make a claim on his Public Liability policy. An alternative is to pursue him through the small claims court however try to get him to make a claim on his policy first. |
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Roxy
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Go and see either the CAB or a solicitor who will write to them on your behalf. It's no good ringing him or writing to him as your threats carry no weight (sorry to say), but he might get the wiind up him if he receives a letter from your solicitor. Good luck. |
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Spartan
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this is the reason why you do not pay tradesman the full amount until you are happy with the job it would have saved you all the hassle you are now faced with, he is responsible however i feel you are going to have a job getting any money out of him, you would need to write to him telling him you are not happy and want reimbursing and you intend to take matters further if he doesn't compensate you, then you would have to pursue the matter thorough the small clams court, the citizens advice can give you any help you need |
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Empeedee
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He is responsible for the sub-contractors as your contract was with him. I had same problem (£6000) and went to a solicitor who sent him letters he didn't bother replying and it was too costly to take him to court and he would only have declared himself bankrupt anyway as all his assets were in his wife's name.
I think it is time the Government licensed the building trades and if there is complaints against a person or firm these could be investigated and if upheld they would be stripped of their licence and thus could not be employed by either an individual or firm. This would protect the genuine tradesmen from the cowboys who are giving everyone a bad name.
We went to trading standards and CAB all of whom were not interested and said this kind of thing was common and not worth pursuing. |
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stormydays
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He is responsible to you and the sub contractor is responsible to him eg if you can get the builder to reimburse you he will claim it back off the subby
Write to the builder and ask him to replace the items he has damaged. IProvide him with a list and a reasonable amount given the age of the items and wear and tear
Ask him to respond in 7 days
If he does not...write again and say you will take legal action to recover
If he doesnt then consider a small claims court in your local county court...but if it goes as far as a hearing you will need to prove that the damage was caused by builder or subcontractor employed by builder
Keep copies of all letters
Ring consumer direct for further advice or trading standards |
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mmdjaajl
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why did you pay him the full amount if he had done damage to your things that was a stupid thing to do you should of held back a payment till the claim was settled |
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