Builder not followed plans, roof too low, steels too low...

[buildingnightmare]

First post....

We bought a run down Victorian terrace which needed gutting. We employed a builder who we knew as he did a massive project next door to our old house and the finish was good, we liked him, and there didnt seem to be any major problems.

An architect drew up plans, we submitted planning permission and listed building consent (grade 2 listed). We have had a single storey kitchen building out and into side return extension, created open plan living/dining/playroom, bathroom moved upstairs, new stairs etc etc

The floor for the kitchen went in this week. It meant the ceiling looked worryingly low. We measured it, and it is 20cm lower than the plans. Our expensive kitchen wont fit now - well they'll have to take the plinth off the tall units so now it wont line up and look right. Also there are two steels which are meant to be flush with the ceiling above in the old part of the kitchen, and these are hanging below - so now that section of the kitcheb looks quite boxed in rather than sleek. I'm not really explaning this vey well..

Basically he's done his own thing rather than follow the plans, apparently because he had difficulty getting the beams in. (not sure I believe this he has form for lying to us) The whole roof on the extension is too low, prob by 30cm.

He wasnt even going to tell us - even though he had the kitchen plan which said a minimum height needed for the tall units (taken from architects plans with some leeway).

We have had problems with him previously - he moved a wall in the kids bedroom in further than on the plans (to get loft stairs up) which makes the bedroom smaller, he used metric rather than imperial bricks as specified by conservation officer (luckily she passed it), made the bifold door opening smaller so now we have to get bespoke doors etc etc...

Relations were good to start. His finish is of high quality and he has a good eye for detail. I like (? liked him)

Rather stupidly because I trusted him we had no contract (and didnt think if it to be honest - i know i know stupid). Initially I was probably too friendly taking fresh coffee and cake etc and now he is getting annoyed with me for sending curt emails asking what has happened.

He is NEVER wrong and it is always someone elses fault.....

Oh ****. This is a nightmare. I am due dc3 in 7 weeks and we are about to move into another temporary accom/house of friend as the house is still not liveable. Oh, did I say it was 2 months late already and we have already put the kitchen delivery back 6 weeks

Any ideas what I can do?

Thanks for getting this far

 

[buildingnightmare]

or can anyone recommend a forum where i can get advice about my rights?

 

[doitall]

Simple, the builder has a set of drawing and that is what you expect.

Sit him down and get him sorted before he does any more work, hopefully you still owe him.

By the sound of it you'll need to compromise on part of the job, but make it clear what you expect.

It would be a good idea to list all the defects to date so they can be discussed and a solution put on the table.

 

[buildingnightmare]

thanks for reply.

is he legally obliged to follow plans despite us not having a written contract?
he has given us a written detailed quote and invoices each month

we have paid for what he has done and ahead for some materials probably about 10k left of work to do...

 

[^woody^]

Rather stupidly because I trusted him we had no contract (and didnt think if it to be honest - i know i know stupid).

He's working, you're paying him , so you have a contract - albeit not in writing, but that does not matter

He should be working to the plans. He can only deviate from them with your notice and permission or the Architects instruction ... but again with your permission. That is implicit within your contract

What you really need to do, although you may not like to, is stop the work and sort these things out before they drag on, and before you pay him any more money

If the work is not to the plan, tell him to change it at his cost. It's that simple. If the plans are wrong, get the Architect involved.

If he has not built to the plans he is in breach of contract. He can correct the breach at his expense, or you can sack him and get someone else to do the work ... and reclaim any additional costs off the original builder

No need to negotiate on anything or accept work that was not what you wanted.

It is a simple matter, but admittedly you may find it hard to do. If he is already late with the job, tell him that too - its costing you money and however much you like him, this is a business transaction and he is not your friend to which you owe favours.

Don't pay anything until you are happy with the work

 

[tony1851]

The others have given sensible advice worth following.
Also, is it worth getting the Building Inspector involved? I know that others will chime in and say "Building Inspectors are only supposed to deal with health and safety aspects of the regs blah blah etc" which is true.

However, the builder may not necessarily know this, and if you put your concerns to the inspector, he might be persuaded to speak with the builder
and hopefully put some things right, particularly if they are not to plan. (for example; technically, a beam which is too low may be carrying a higher load than that calculated for, so the inspector could pull him on this)

I've found that if someone from officialdom speaks with the builder, it sometimes gets things put right.

 

[joe-90]

You need a site meeting. You, him and the architect - and if possible an independent building surveyor. If you don't - they'll both keep 'passing the buck'. You need to establish if it IS possible to place the steel according to plan.

 

[buildingnightmare]

Thanks all. This is good advice.
Can I just confirm- is he legally bound to follow the plans? (even of only verbal contract)
He only has about 10k left to be paid - for work he hasn't done yet. So he could just walk away.
What a nightmare

 

[doitall]

The plans you had drawn up form the contract that the builder priced and agreed too.

If for any reason he couldn't follow the plan then it should have been raised at a site meeting.

keep in mind if that is not the case, making everything considerably smaller can mean large savings and extra profit from the original.

Best to resolve when possible but in my opinion the plans form the contract and would hold up in Court.

 

[peaps2]

You also might want to consider your listed building consent. It's your responsibility to make sure the work sticks to it and if they have given permission based on the plans and it's deviated it could be a problem.

I wouldn't worry too much about it but it could give him something to think about if you quote it...

 

[jeds]

A contract does not need to be in writing. The plans you gave him form a contract. The verbal instructions you gave him form a contract. You appointing him to carry out building work forms a contract. Your contract with him was essentially to carry out the work as drawn by the architect. That drawing was a clear instruction and his responsibility was to follow that instruction/drawing.

There are only two options here; either it was possible to follow the drawings or it wasn't. Lets say he says to you it wasn't possible because of whatever. If that were the case he should have reported back to you to allow you to make changes via your architect. Otherwise he should have followed the drawings without variation. No excuses.