Right to refuse subcontractors access

[aarofox]

New poster looking for advice on how to move forward.

We have a lot of "snagging" work, which for the most part has progressed well. The issue we have is relating to the groundworks subcontractor that our builder, Jones Homes, are using. It has reached the point where we are now refusing to have the subcontractor return to do any works and this is where the problem is occuring.

The reason we have now refused the works are numerous:

• All rectification work done by this subcontractor has already failed and requires repairing again.
• They arrive on site to do the repair and have no materials, so they then disappear for 3-4 hours.
• Arranged 2 days of work,(holiday taken) and they do not turn up for the first day. No call to inform, I had to chase and it was not confirmed they would not attend until past 2pm off that day.
• There was a different manager sent out each time so I had to go through the required work each time.
• No record of work to do or items identified extra during work.
• Their workmen trespassed onto other people's property and stole water
• They leave their equipment randomly around the estate.
• Arranged pre-work visit to plan work but on the day of the work different staff sent to do work with no understanding of requirement, wasting my time
• etc.

I have stated to customer services that I am now refusing for this company to be sent in to do work. From there it progressed to an arranged visit from the Director where I discussed the points above and others with him. I also stated I am happy for them to send in alternative groundworkers just not from this incompetent company.

However I am now getting the response that Jones Homes quote "duty bound to a written contract with the groundworker to carry out any works that are deemed to be defective and as such cannot instruct an alternative"

I need some guidance as to what I can use to counter this issue.

Many thanks for your help in advance.

[New Home Expert]

Jones Homes are not duty-bound to use the same sub contractor to carry out the works.
They choose to because Jones Homes contract means they don't have to pay for the remedial works, which they would have to if they employed another groundworks firm.
They could however contra-charge their costs to the original failed groundworker, or deduct these costs from ongoing monthly valuations.

To do this would require managerial effort on the part of Jones Homes!

[aarofox]

That is kind of what I thought but I can't get them to accept my argument or enforce it. I am at the point where the next step I can see is to threaten with I will get the work done by respectable tradesmen and then charge Jones Homes, even if I have to go to small claim court. Problem is it is not going to be a small amount of money.

I just can't break the statement from their director. Any ideas of laws etc I could quote to undermine their stance??

Thanks

[New Home Expert]

From memory, small claims is for up to £15,000.
If you or your solicitor write a formal letter outlining what you intend, giving them 14 days to respond, I think Jones Homes will do the right thing.  In law they haven't a case.

I do not give legal advice - use a solicitor.