Rogue Builder

[newscottie]

Hi,

I hired someone to remodel the home I purchased in France. The work was started, but not completed. He has now moved back to the UK, without telling us. Found out through a friend in France. Currently has keys to house, and supplies we purchased, plus the money forwarded for the work to be done.
Does anyone know how to proceed in contacting a lawyer or whoever for the funds to be returned, etc.

Thanks,
S

[DPK]

Did you have a contract?

Have you contacted the builder directly yourself (in writing preferably) to ask him exactly what he has done and is intending to do?

If you have not written to him, I suggest you do so at once, sending the letter by recorded delivery, asking for a response within 7 working days.

[newscottie]

Originally Posted by DPK

Did you have a contract?

Have you contacted the builder directly yourself (in writing preferably) to ask him exactly what he has done and is intending to do?

If you have not written to him, I suggest you do so at once, sending the letter by recorded delivery, asking for a response within 7 working days.

Hi,

Have emailed many times, as it does not come back as undeliverable I assume he has the same account. However, he does not respond back. Recorded letter has been sent, no reply back yet, was mailed yesterday. He has his house in France up for sale.
Now at a lose, as I am in the US and not sure how to proceed from here of if I have to go to France.
Any advice welcome

[DPK]

Do you have a contract with this builder?

Do you have his UK address or are you writing to him at his French address?

Is his house on the market with an agent or is he selling it himself?

Were payments made in stages, if so were the stages completed to the agreed standard on time?

Do you have a written record of all payments?

If you are in the States, who has been running the project?


The way forward really depends on whether you have a written contract with the builder, and is there an architect involved?

[newscottie]

Originally Posted by DPK

Do you have a contract with this builder?

Do you have his UK address or are you writing to him at his French address?

Is his house on the market with an agent or is he selling it himself?

Were payments made in stages, if so were the stages completed to the agreed standard on time?

Do you have a written record of all payments?

If you are in the States, who has been running the project?


The way forward really depends on whether you have a written contract with the builder, and is there an architect involved?

HI,

Only have his address in France. His phone for france, land line and cell are no longer working.

His house is listed with an estate agent in France.

We do have a devi. Payments were made in stages, two payments made. We do not know how much of the second stage was complete prior to his leaving. Was told he had to make an emergency trip back to the UK, due to family illness and would contact us upon his return to finish the work. He left, if he ever went back to France it was to clean out his stuff and move.

We paid by check from our French bank account.

No architect involved, photos were being sent back as progress was being made.
He had completed our roof earlier under another contract without problems. I was very helpful via email and in person when we were in France.

hope this is helpful, as we are not sure what we can do, can a lien be placed on his home in France? And if so, who and how do we find someone to do this?

Thanks,
S

[DPK]

Hello,

I have assumed that this builder is English, as he has returned to England, is that correct?
Was he a French resident working legally in France?
Are you certain that work has not been completed as agreed?
How long is it since you have heard from him?

I would now do three things:

Telephone the agent who is handling the sale of his property, and say that you are urgently trying to contact Mr xxxx, would he give you his contact e mail/address/phone number in the UK as you have lost them and his french number is not working. I would not tell him of your difficulties with this builder, he will be less inclined to help you with contact details.

Find a good english speaking solicitor in the area of your house, or speak to the solicitor who handled the house purchase, compile a dossier of the whole situation, start to finish, with proof and send it to them for their advice.

Does anyone in the area have keys to your house? I would employ a quantity surveyor or French equivilant to inspect the work carried out, both in terms of quality and the stage it has reached.
This will be neccessary if the matter goes to court.

My expertise is in English property. Whilst the principles of the matter will be the same up to this stage, I have no knowledge of French Law.

My thoughts would also be on trying to obtain a lien on his french property, however it may be mortgaged to the hilt, or even worth less than he paid for it. You would also have to have a court order against him, for the monies owed to you.

If he has returned to England in haste it is highly possible that there are other creditors chasing him.

Are we talking about a large sum of money that may be un accounted for, because taking action against this builder will be costly.

This is an awful situation for you, and I really do have enormous sympathy for the predicament you find yourself in, but I do think that you now need to call in a solicitor and quantity surveyor.

Good Luck. I really do hope you can arrive at a satisfactory conclusion.

Denise

[newscottie]

HI,
DPK, can't thank you enough for you help.

He is English, but has lived in France for over 20 years. Business was listed legally with all the appropriate insurances, etc.
He emailed in the fall about the emergency trip, so I am assuming that the second stage was not completed. No photos sent. Last email was mid spring, implying that he was back in France and waiting for better weather before continuing work.
I do like the idea of contacting the agent, and agree not to say why.

Currently putting all of the information together. No one else had keys, and I have no idea where he may have left mine. Hesitant to mail my only set to any on in France incase they get lost in the postal system.

Looks like I will be booking a flight for September.

He has/had a second property in France, do you know of anyway to find out if he still owns it? Any recorded systems, property taxes, etc that I could access?

Thanks,
S

[DPK]

Hello,

Could you have a set of keys cut? Send them DHL?


His long silence would indicate that he has little intention of speaking with you/completing the project.

Do you have anyone in France that could do a "walk around" your property? This is a long time left unattended.
Is is weather/water tight?
If damage has occurred to the property due to it being left unattended/work not completed, you could contact the insurance company if you have copies of his insurance documents.

Was he rec to you by somebody you know?
Do you have any mutual aquaintances?
Was he working on another project at the time he was working on your house:if so try to discover if they have knowledge of his whereabouts:

Twenty years is a long time to live in the country, establish a reputation and disappear.

I do not know how the property register works in France, I am sure there is one, the French love their paperwork! Others on here will be better informed than me to answer that question.

The agent selling his house may be able to provide you with a lot of information, if you can get him to open up.
If his second property is near by; could you ask somebody to go and knock on the door; and ascertain whether it is empty or tenanted:

You have been amazingly patient: I would have been over to see the house months ago!!!!!!!!!