Problem: I run a small general builder’s business. In September 2022, we finished a job for a customer. The job was not large, but very ‘bitty’, mainly involving repairs and general maintenance to a bungalow, plus a reasonable amount of work in the garden including supplying and installing new timber fencing and laying a paved patio.
The quotation that we issued before we started was well detailed and set out the works we would be doing, and had prices of the work items, and the customer signed the quotation, and paid a deposit of £4,000.00.
The customer was not living in the bungalow during the works but came to site almost daily and could see the work progressing, and the standard. On the last day we were there, I walked with the customer around the job and he had no issues. About a week later, I sent to the customer the final invoice (just over £8,000), and this is when the customer started to raise concerns about the work.
I asked him to reply in writing, explaining all issues – no response. I then sent a final demand. A few more weeks went by and then he took to social media to express his issues and threatening us with Trading Standards.
I am now tempted to go to the County Court to recover the monies my company is owed. Before I do this, have you any advice?
Response: To recover £8,000, you would commence proceedings in the County Court (once you have gone through the Pre-Action Protocol), and it would be allocated to the Small Claims Track. You could also commence your claim through the Money Claim Online, which is quite simple and a little bit cheaper than filing your claim form in the traditional way (a hard copy).
To ensure that you give yourself the best possible chance of success, make sure that you have carried out the works to standard (the standard of which is usually to use reasonable skill and care), and that his issues can be defended.
You could also attempt to get him to remove the negative comments he has made on social media. In the first instance, you should send to him a ‘cease and desist’ letter requesting him to remove the negative comments. If this does not work, then you could wait until your court case is concluded, and if you are successful, you can use the judgement to add further weight to ‘persuade’ him to remove the negative comments, or alternatively, contact the hosting companies – that said, if you intend to bring defamation proceedings, you only have one year from the date on which the cause of action accrued in which to commence proceedings.
If the matter is settled part way through proceedings or at the Pre-Action Protocol stage, part of the settlement agreement could also include him removing the negative comments from social media.
All that said, when you issued your quotation, did you advise your customer that he had a cooling-off period of 2 weeks? If not, that could also be a problem for you. I will be writing an article on cooling off periods and consumer contracts in the New Year, so watch out for this!
© Michael Gerard 2022
The advice provided is intended to be of a general guide only and should not be viewed as providing a definitive legal analysis.
Author background
Michael is a Solicitor, Chartered Builder & Registered Construction Adjudicator, and is a director at Michael Gerard Law Limited, a solicitors practice regulated by the SRA.