I'm not sure where i stand but i am in a stupid situation and under normal circumstances i am usually very good with receipts / contracts etc.
I'll try be as detailed but breif as possible......
Basically 24th October 2008, i paid £1000 to a builder who lived across the road to start work he had agreed to do on my property. (He told me he would get me a receipt, and only living across the road i thought it would be ok.)
This included, putting a pitched roof over the current flat roof of our extension, putting a canopy across the front of the house, replace the sofits and facias, and to fit a supplied kitchen, including tiling the kitchen floor and walls. He was charging me £2900 for this work.
Work commenced within a day or so of me paying the money on the canopy but unfortunately, a few days later his wife committed suicide.
Of course, the whole street was shocked by the events, and he and his family were devastated. As a result, the receipt was never received. He asked me over explained the situation, and said he would continue the work if i was happy to wait as soon as he had sorted things out at home.
He then did some more work on my house, and explained that as his wife had committed suicide, his bank accounts had been frozen so he was unable to purchase any more material, in hindsight now, i foolishly paid him a further £250 on 14.11.08, and a further £500 on 24.11.08 again not receiving any receipts, but as he lived across the road and i knew his circumstance in regards to his wife, i told him to take his time to get over the death of his wife and to carry on once Christmas was out of the way.
In August 2009 he met a new lady friend and moved in with her, renting his property out.
The canopy has been put up, but is leaking, and there is no lead flashing.
The kitchen roof was put up, again no flash lead flashing, tiling is not complete, and with the rain i now have damp in my kitchen. I called him regarding this and he sent someone round who basically just put some facias over the wood.
The tiling of the kitchen is only half down, and what he has done is neither level or remotely straight.
I've now noticed the hole that he cut to put the sink into the work surface is too big, so there is about half an inch gap in the work surface at the back of the sink.He removed the down pipe from my next door neightbour so now when it rains it is wetting both my neighbours and my external walls.
Over the last month i have left countless messages, and he has over the last 10 days stopped returning my calls in regards to when he was going to correct the work done, and complete.
He is due to move back into his property end of April/Start of May since the new relationship has broken down.
Due to the leaking and damp, and of course him now not returning my calls, i was so concern of what has been done either causing more damage in regards to damp, i have called a roofer who visited yesterday.
He has given me a whole list of problems both with the kitchen roof (basically all of the tiles have got to stripped and put on, along with the guttering being replaced, and next doors down pipe etc.
He explained that there is a slight bow in the canopy out the front, something he would expect to see on a canopy that had been up approx. 30 yrs, the tiling that had been put on was too far apart so could cause leaks, but without totally stripping it down it would be very hard for him to quote how much to repair the bad state or work done.
He advised, that as the kitchen roof was more critical than the front, that he will quote me on this, and then look for the current builder to correct the front when i eventually catch up with him when he moves back in across the road.
Would you know if i can make a claim for damages both correcting the work that i am going to have done on the kitchen roof, and issues caused as a result of bad workmanship - ie damp etc?
My partner has ended up tiling the wall in the kitchen, and is going to finish the floor as to be honest we are just sick of living in the mess!!
Can anyone please advise how i stand and what my best cause of action should be. TBH i am reluctant to let him do anymore work because of the state of what has already been done, so would feel happier to basically write to him advising my issues and that i no longer want him to do any further work.................any advice would be greatly appreciated!!