Threatening Builder Post Reply

[DIMA]

We have been having building works done at our house for the past year. The building company sells itself by reference to the quality of its work. Unfortunately we have not be impressed by the level of finishing so my partner had a meeting recently with the director of the company to review the outstanding defects.

The director is a tall imposing man who became quite agitated during the discussion and suddenly raised himself to his full height and bore down on my partner in a threatening manner and hurled abuse such as "*******" at my partner. All this took place in our home in front of our nanny and nine year old boy.

The works have not been finished but we are concerned not to have the builders back in the house after this. Can anyone help please.

[papinian]

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.

[DIMA]

Thanks for this. Just to clarify the nanny and our boy were upstairs at the time and only came out of the bedroom to see what the commotion was when the builder started shouting. We also did not expect the meeting to be confrontational as the outstanding points were all reasonable issues requiring fixing.

[wandsworth housewife]

I had a similar experience with a well known local company- we chose them for a bathroom refit as we were assured it would be project managed and properly done!! However a two week job dragged out to 8 weeks and no project manager materialised-and lots of little things not finished- so with held the final payment until everything was signed off!! The manager rang and gave me such abuse on the telephone- threatening not to pay his workmen etc- emotional blackmail so I paid and had another local tradesman come in and finish off - I was forced to accept everything although I was not satisfied!! Will never use Affleck again!!

[MGMidget]

It has been a year already and it sounds like they dont want to do any more. if the work is expensive you could gamble on this and give them a time limit to complete the work after which you will find someone else and seek compensation to cover costs. i would get a surveyor to do an inspection and report of defects so you have an independent witness before you organise anything. Do the builders still have keys? You could ask them to arrange appointment times to attend so you can be there. Hard to enforce with a difficult builder though. If work not expensive I would probably cut my losses if it was me.

[MGMidget]

ps I should add that I am not a lawyer! Definitely get some legal advice too!