Legal action against my contractor

Sepp

I’m looking to talk to anyone who has been in a similar situation and who can advise me on the following.

I have taken legal action against my contractor who built a house for me. The house is unfinished and very poor quality and the contractors just walked away. My solicitor appears to not want to tell me what happens if I win or lose. She continues to tell me what steps we needs to take next, etc. legal fees are extremely expensive and I need to know if this is worth my while continuing.
Has anyone ever done this and what was the outcome. If I win the case and my contractor declares bankruptcy, can I be reimbursed from his insurance or how does it work. The built started in August 2022 and my contractors just left in August 2023 without finishing. I was left at a severe loss and my house has been estimated at €50,000 to fix and complete. The contractor has been paid the full amount of the build as the unfinished work only surfaced after they left along with all the faults.

AnRothar

I sympathize with the predicament that you find yourself in.

My solicitor appears to not want to tell me what happens if I win or lose

This is not a simple process and that is what your solicitor is trying to explain to you.

However if you do go down the legal route you will get "law" and not necessarily the "justice" you believe you deserve.

She continues to tell me what steps we needs to take next, etc.

Yes, and you should be guided by her (in the main).

For you to take a case you must quantify your loss and who is responsible.

Also there may be a need to "allow" the contractor to "rectify" matters.

Does the contractor have a solicitor at this stage or is your solicitor simply sending them a "solicitors letter".

Have you moved in?

Did you sign a contract with your contractor?

If so the wording will be a major plank in your case or not.

the unfinished work only surfaced after they left along with all the faults.

A lot of this will be a case of he said, she said.

Anything you allege must be supported by evidence.

And not your say so either.

It will need to be a qualified professional. Ideally an engineer.

There is a particular breed who specialize in writing reports for a legal case.

my house has been estimated at €50,000 to fix and complete

Says who?

The contractor has been paid the full amount of the build

See above re "have you moved in"

You usually only pay the final amount once you take possession of the house.

What did the contract say (if any) regarding stage payments?

Sign off of works, etc.

You say my contractors just left in August 2023 without finishing

How do you know that they have gone with no intention of returning?

They may have a sick cat which is keeping them away, for now.

See above regarding permitting them to return to "rectify" matters

can I be reimbursed from HIS insurance 

Did you take out some sort of construction/building insurance?

Or was this covered in the contract?

Did the contractor actually have insurance?

There is a reason that people love suing the state as it has money to pay a claim if you win.

If the builder has no insurance then you are in a different space, and its not a good one unless they are landed gentry.

 legal fees are extremely expensive and I need to know if this is worth my while continuing.

Regarding cutting your losses.

The €50,000 figure may be Mick O'Leary's famous gold taps in Dublin airport.

Bear in mind you may have to pay, upfront most likely, for any expert reports for your case too.

What I suggest is you ask a moderator to move this to the legal discussion where you would get a more informed answer.

JVince

Did you employ a QS to monitor / manage the project?

If not, and you did the monitoring yourself, you may find the builder will have an arguable defence and that could mean that any case can be delayed for up to 2 years.

I'd talk to a QS and get their opinion and based on that make a decision on whether to proceed with any legal action.

sydthebeat

Was a percentage of the contract not retained for the "defects liability period"?

Was there a contract signed?

What insurance does the builder have?

Is it homebond registered?

Is the builder registered?

Who signed off on the full payment if works were not completed?

Was this paid for by mortgage?

Did you have a snag list carried out?

Where was your architect/engineer during the build?