OK - I guess it is time to post a follow up on this saga.
Work on my driveway was suspended last Friday when I saw that the builder had used for foundation crushed rubble, not MOT type 1 as I had specified, and as had been listed in the quote.
I was particularly disappointed as this is a builder I have used for four other small projects, unrelated to my home, but each costing £5-12,000. I trusted him, and I had paid him £5,000 up front for materials.
Another builder friend came and visited, and commented on the contrast between the new retaining wall and the mess they made of the driveway. He valued the works carried out: demolition of existing concrete driveway, demolition of existing retaining wall, construction of new retaining wall and land works at about £2,500. That left me out of pocket by £2,500 if the builder failed to return.
Text messages sent were unanswered, phone calls were not returned. I was contemplating the next steps: letter from me to him sent recorded delivery, followed by a solicitor's letter two weeks later, all to confirm a broken contract. New builders to complete the work followed by a legal battle of at least six months to reclaim any loss on my part.
The silence was broken this morning when one of the labourers turned up to reclaim equipment. He also had with him receipts for materials and services totalling £1,780 and labour £220, and £2,600 cash. £400 is unaccounted, and included in the materials is £280 for 16 tons of crushed concrete, and £700 for two loads of grab lorry.
He also made it very clear that the builder will not be returning, and that he believes that the builder is embarrassed at having be caught trying to cheat me with rubbish (literally) materials.
I guess I will be paying another £350 for a grab lorry to come back and take that 16 tons of crushed concrete away, but my potential loss is partly mitigated, the contract is severed, and I can get on with having the job done properly by a driveway specialist immediately. I could try to claim £1,030 (£400 unaccounted, £280 crushed concrete, £350 grab lorry) back through the small claims' court. I could also sue the builder for my loss as he is clearly in breach of contract, my loss being the difference between what I eventually pay for the driveway and his quote. But as I have had an estimated £2,500 of work carried out for £2,400 (plus the cost of remedial works), I am unlikely to do either. It has been an expensive lesson: use general builders for general building work, use specialist builders for more specialist work.