Case study Contract / Deposit Problem with Builder

Lester22

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If a contract is with made somebody who turns out to be untrustworthy and apparently incapable of fulfilling it properly, can return of deposit be demanded?

I am wondering whether it is worth pursuing a UK builder trading under his own name (not a company) that I have lost faith with. He was then a member of the Federation of Master Builders but is no longer. I paid a 10% deposit for him to convert an existing outbuilding into a two bedroom house back in 2006. I paid him £13,000 deposit
My circumstances changed and I decided to postpone the project. I have agreed with him that just over £10,500 is still to my credit as he carried out a little of the work concerned with the site.
Although I postponed this project, I proceeded to use the builder for other projects that I paid for separately. Over time however, I have lost confidence in this builder and have found his work disappointing. Some already needs attention. He has recommended other tradesmen such as a tiler and one of these turned out to be a disaster that I ended up taking to court. A recommended electrician had to dismissed as he was over-charging and disappearing for weeks at a time.
The builder's work on various jobs has sadly proved to be unsatisfactory. For personal reasons my eye was clearly off the ball at this time. As probably often happens, he did inspire false confidence at first and he was no doubt trying to create a good initial impression. I was unwise and agreed to a plan of action that had been prepared on a sheet of A4 along with an architect's drawing. There was no formal written contract.
I allowed the builder to use an outhouse for a very low rent with free electricity but he has has even ignored requests for payment of two months rent outstanding. I feel that I cannot have a working relationship with this builder in the circumstances. I am concerned that this builder would be unlikely to do a proper job. He is not even advertising as a builder these days but simply as a carpenter and joiner.
He has also informed me that the deposit that I gave him has all been spent elsewhere which is a striking off offence in the professions. Perhaps this is not taken so seriously when it is a builder?
Do I need to simply move on and put this down to experience or is it worth finding a solicitor? Would it just be a waste of my money? I would be grateful for advice even if it is confirmation of my fears that I have thrown my money into a pit.
 
It is certainly worth speaking to a solicitor.
You may be able to argue that there was a fundamental breach of the contract on the part of the builder or that there was never sufficient certainty as to the contract terms for a contract to form.
Given that you have no written contract, it will be a messy situation however.

Just fyi, this is an Irish forum, by the way.
 
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