Advice on how to proceed

[Deleted member 9966]

Rachel

You would need to speak to a solicitor to confirm whether the reports and evidence you have been given is enough to pursue the builder for damages. Unfortunately we're not qualified legal professionals here and each case is different and will be taken on its own merits. You still have options, and I think the best thing to do would be to find a lawyer local to you that deals with disputes of this kind.

You could always contact Dom Littlewood from TV fame from his C5 show Cowboy Builders

 

[rachel]

Yes it's just the grouting. The tiler came to replace/fix the broken tiles then he left and this other guy who isn't a tiler did the grouting. Hence the poor job probably. We have no problems with the work done by the tiler himself but he is employed by the builder and does'nt speak much English I don't think. He does a good job though but there is no tanking or anything as the prep is done by the builder. So basically the tiler's skills are wasted.

The rest of the shower is still in the 'old' grout with some still cracked. The poor work is mostly at the bottom of the wall, up to about 8 tiles up. Can't really show it with mobile pics.

 

[rachel]

We are not looking to pursue him for damages. We have retained completion payment so are not currently out of pocket. But we don't want him turning round and saying we haven't paid him if we go somewhere else to finish off the job, say redo the whole shower. He also still has our key/certificates for eg.
Though the shower is a mess the tricky thing is that the rest of the house isn't bad at all. Even the shower, apart from the fact that the prep stage was rubbish it all looked good until we tried to use it and until the tiles cracked. The subsequent regrout business is very shoddy. There is cracked grout so because it's not tanked water is going to go on the marine ply used behind.

 

[Deleted member 9966]

Rachel

Your thread is asking for advice on how to proceed. Suggestions have been offered on how to proceed. You need to point out to the builder that the shower enclosure substrate is moving and that you suspect poor preparation. If you can give the builder the opportunity to rectify it correctly then you should. You need to present him with all of the evidence you have gathered so far and ask him to rectify.

If you're unsure where you stand legally, you should speak with a solicitor and gain full legal advice on the matter. Even if you don't want to pursue the builder for damages you still need to know what legal constraints are on you the customer.

 

[diamondtiling]

Rachel you have or had cracked tiles, this is usually caused by movement. Your builder can replace the tiles every week if he wants to, unless he rectifies the movement he may as well buy a chocolate teapot for when he brews up, in other words its not going to work.
We see this time and time again on this forum, the builder has not in my opinion carried out the correct installation methods for the substrate.

 

[rachel]

OK - thanks all. V. useful.

I have a couple of technical questions -- please bear with me if it's stupid but I'd like to know before we tackle him.. as he has an answer for everything.

After completing the poor regrout he said that anyway cracks in grout wouldn't cause any damage as marine ply is really strong. Presumably if water gets in behind the tiles it might do damage to the substrate doesn't it? He is saying that marine ply is waterproof really.

IF (BIG IF really) he ever offered to redo the whole thing he is likely to ask us what we want doing ... members mentioned cement backer board or plaster board, is there one we should ask for rather than the other?

Are now going to get quotes to see if we can negotiate paying him what's left afterwards ... (if anything ...) Presumably bearing in mind the problems we had with the plumbing we'll also need to get a plumber?

Thanks in advance

 

[kilty55]

rachel,write a letter to the builder and copy it then send it recorded delivery

state on it you wont let him or any of his team back to fix the issue as you have lost faith and they have already attempted to fix it without satisfactory success
get a reputable tiler of here to come and give a report and also get a tiler to quote on what exactly needs fixed and what materials hes going to use and also a price

advise this builder you expect him to pay for all this including tiles,if he doesnt want to do it then aproach a solicitor ,and take him to court there is no alternative to fix this

good luck

 

[mikethetile]

sound peice of advicee from kilty. Rachel

this builder is not going to do whats needed to correct this job , hes made it that clear. the problem is not with the tiling or the method of use ( unless there something your not telling us LOL ) the problem is the materials and methods used to construct the substrate and thats where the rectification needs to start from

I think you are going to have to go legal on him as he wont see sense, once you have done that you will get no further co operation from him. but all is not lost as the council will check your installations and issue the certificates you need. this isnt cheap so obviously you will need to add that into your claim for damages

 

[rachel]

Have had most incredible answer from builder who (purposefully?) misinterpreted our original letter saying the tiles we bought were weak, cheap and that's why they cracked. Apparently water can't get behind cracked grout and it's normal for grout to crack as it reacts to glue (?!)
Stiff drink required (and legal advice!)

 

[White Room]

Thats original, never heard the likes of that before.

 

[Olz]

Rachel, theres nothing more to add really ontop of whats already been said, if hes not going to come and redo it, or is disputing there is anything wrong, and you dont want to pay him.

Have you told him your not going to pay? what has he said?

I can only really see two outcomes,

1) you dont pay, he takes you to court, the court decides if you should pay or not.

2) you dont pay, he decides he's in the wrong and walks away.

You should go and speak to a solicitor before you do anything else now. The limit of the forums 'advice' has pretty much been hit.