Postby papinian » Thu Jul 23, 2015 10:11 am
It sounds like you have had a very distressing experience. My sympathies.
If you don't want to have the builders back in your house then you don't have to, except to the extent that they have equipment or tools there which belong to them (or which have been hired in their name) - they have the right to collect such equipment or tools.
However, if you don't want to allow the builders into your house you will have to put good the outstanding defects yourself and pay for that. You can try to recover the amount that you pay from the building company or, in the event that you have not paid in full, set such amount against what you owe to the building company.
However, I think it is unlikely that you will be successful in the case that you have not given the building company an opportunity to remedy the defects themselves. I don't believe that a court would consider the incident you describe sufficient for you to be considered as reasonable in refusing to allow the builders to fix the work - at least where it is just swear words rather than any threats as such. As regards your son and nanny, I expect that it would be regarded as your fault that you had then present for what could have been expected to be a heated discussion. I think that was a mistake on your part and it may be that the builder was more agitated by getting criticism in front of them than he would otherwise have been.
Having said all that, you are in a stronger position where the building company is looking for money from you than where you will have to go after the building company to pay the amount it cost you to remedy the defects.