ROTHCARE BUILDERS LIMITED, Breach of terms Dispute, They have taken money for work which they have not completed yet. - Disputes Register
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Ref: 2525
Filed: 04/03/2024

Accused Company:


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Company number: gb-12305470

United Kingdom

Allegation: Breach of terms

Value: GBP 35,000.00

Dispute details:

Rothcare Builders have damaged existing property, not followed building regulations and walked off the job with substantial pre-paid monies from us

They have taken money for work which they have not completed yet. Some work which has been completed has not been correctly done and does not following building regulations. We have had an independent surveyor state this to be the case. We note that the Director and Secretary have incorporated a new building firm as of 31st January 2024 (41201 - Construction of commercial buildings) and are concerned they have no intention of completing our works or returning our monies to us, if they were to dissolve Rothcare Builders Ltd and restart as R Carey & Sons Ltd, or another firm.

Issues identified by an independent RICS accredited surveyor:

Parapet wall- Incorrectly constructed, wrong coping stones used. Resulting in ongoing leaks from these parts of both extension roof's.

Areas of barge board to be upgraded

Roof upstand requires continuing to the ground to prevent capillary action and installation of soaker

Monopitched section of tile where downpipe requires relocating to the right hand side

Poorly positioned external meter box. This will be inaccesible when boundary fences are re-erected.

Noggins not used to secure roof joists in all areas required

Agreed for the construction of two single storey extensions to our house (side and rear). Work commenced in July 2023. Agreed verbal timeline to finish was between 3-4 months.

As of March 2024 we have leaking coping stones on both parapet walls to the rear and side, due to the incorrect choice of coping stone, incorrect fitting and not following regulations. This has and is causing significant water ingress to our property. The timber has been uncovered for long periods of time with the build with a surveyor informing us remedial works are needed. The timber adjoining the brickwork has been independently assessed by a timber surveyor and as the joist ends have not been wrapped in a damp proof membrane the problems have been exacerbated.

The additional outstanding work which we have paid for in September and October 2023 and is still not complete is:

- Screeding the floors on both extensions
- Adjusting the kitchen wall to build the pantry
- Installing the downstairs bathroom and associated first fix plumbing
- Installing the second bathroom and associated first fix plumbing
- Wall removal by the front door
- Install internal doors
- Install velux in downstairs bathroom

On discussing the issues with the build on January 12th in person with the two company directors they verbally acknowledged the coping stones needed to be replaced and had agreed to remedy. We have subsequently discussed the matter over email and telephone call with the company secretary, one of the directors wives and one of the directors. She has stated for them to come and fix we have to accept new terms and conditions, which we have been advised by a lawyer not to accept.

They have proposed changing the terms and conditions of the contract to come out and rectify matters. One of the proposed new terms are "All materials remain the property of Rothcare Builders until the final stage payment has been received." would suggest all items we have already paid for would be under their ownership, which we feel is clearly unethical in any fair persons mind.

They have requested monies to be paid upfront, but works haven't been completed until many months after payments, if at all. The roof payments were made in full back in July and August 2023 for the side and rear roof respectively. This roof is still not complete as per the faulty coping stones.

In their new terms and conditions they also state we are not allowed to overlook or assess their work or communicate with them in any form but only via email and during working hours.

The company secretary personally contacted our window installer to block the installation of our bi-fold doors and a side window, adjoining our main lounge on January 17th. The reason given to the company was there was a dispute with us. We had though in fact already paid for the bi-fold doors through the "first fix" payment on 16th September. We had also paid for the side window directly with the installer ourselves too. Our only protection from the freezing weather (the 17/1 temperatures dropped to minus 3 degrees) for our young family was a boarded up window and a pre-cut wall by Rothcare separating the empty bi-fold frame. We contacted Rothcare and they didn't respond until after the glazer installed them against their wishes we were told, only intervening directly when the window company resolved this matter and they helped us by installing as per the schedule. At this point the window installation had been delayed months, verbal reassurances back in September and November were the house would be "winter proof" before Christmas.

One Rothcare director used our personal vacuum cleaner to remove brick dust. Breaking the vacuum and not informing us. When we turned it on next time it didn't work and after a professional repair attempt we had to purchase a new one at our own cost.

We have had to purchase an expensive industrial dehumidifier to minimise the impact to the property of the many leaks and water ingress issues which are still ongoing.

No communications from them beforehand about extra payments for work being carried out to fix our existing roof by damaging it first, additional costs which has not been discussed with us before (ie. changing the roof angle for the velux).

Leaving our house for 4 weeks back in October without any communication on when they are planing to come back and giving us no reason for the delays either.

We were told by different subcontractors they had not been paid by Rothcare, and for them to continue their work on our house they wanted payment. Although we had payed Rothcare months before, when we enquired as to their availability we were told these subcontractors are just very busy.

Not treating our property with respect and leaving the existing pitched roof for weeks exposed without roof tiles back in October which caused our roof to be damaged, staining the plaster and pooling in the office room.

Taking our house keys for the side extension (which has a full access to our main house) without our permission or any communication until we approached them regarding this. We only found out about our keys through another subcontractor that the younger Director took those back early January. Their reasoning was so they have access to our house to do some work. But we have always provided access to the building site and there was never an issue raised about it to us.

When asking them on emails and on one phone call about what we have paid for so far that has been done (a breakdown of this and the outstanding amount of work that has not been done but we have paid for) they refused to tell us and communicated that it is not our business to know how they use our money for our extension project.

They are making accusations the we have been disrespectful in previous communications. We acknowledge there have been conversations on site about these issues which have been raised in a direct but factual way because this had to happen. All members of Rothcare have been always greeted and treated with respect on site, we always provided refreshments to every person, we always gave access to our property, we were always flexible and patient and we always payed upfront and on time to our detriment it would seem.

We have estimated the figure of £35,000 as accurately as we can for this dispute. It is due to a mixture of the monies we paid to Rothcare for work not completed, remedial costs and costs to complete the works with other tradesmen which we have gained and continue to seek.

Attempts to resolve dispute:

Two face to face meetings, multiple emails and attempted telephone calls (they hung up twice)

Response to accusation (by accused):

Nothing Filed yet
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Andrew Partrick

Grimsby , United Kingdom