Builder terminate my contract

[thuynh7]

After my builder messed up trying scrimp on money and me picking flaws in his workmanship, he's decided to take his tools and tear up the contract, without an explanation.

I guess he's decided the cost to rectify all his balls ups and the cutting corners is of more value than the current outstanding balance.

His final demand was to be paid on the spot after finishing the job, but I said I've got to inspect the work first and he has to give me a final invoice and we have upto 21 days to pay, based upon the FMB plain english contract that we used. He didn't like that bit I guess.

So what are my options?

 

[taz123]

This is a tricky one.

A pal of mine was in dispute with his builder and the contract was terminated. The advice given by HIS solicitor was to halt all work and not to touch anything or proceed with any rectifications until the dispute was resolved.

 

[thuynh7]

I thought once terminated i can get tradesmen to finish what's left of the contract and if it exceeds the outstanding balance i go to the small claims court.

Did the solicitor say why?

 

[jeds]

You need to produce a clear report of the state of the works and outstanding items to finish. Then you need to identify items you believe are sub-standard and what needs to be done to make good. Then you need to put costs against each item. Once you get to that stage you will know where you are cost wise and can start negotiating.

 

[thuynh7]

you mean start negotiating with the tradesmen? I think he's long gone, washed his hands of it.

 

[jeds]

I meant start negotiation on outstanding payment - the one you said you've got 21 days to pay!

 

[thuynh7]

He hasn't given me the final balance because he hasn't finished. He just asked when after he's finished am i likely to pay and I said I have up to 21 days but I first need to inspect your work first. He wanted the money immediately without allowing me time to inspect the work

 

[jeds]

Ok, it was the bit where you said "His final demand was to be paid on the spot after finishing the job" led me to think he had given you a final bill and was waiting for payment. My point stands. Prepare yourself with clear information so you know what needs to be finished, what needs to be made good and an estimate of what it's going to cost you.

 

[taz123]

I was of the same opinion a Jeds, I thought he had given you 21 days to pay any outstanding balance.

I am confused, though this isn't hard.


edit. He beat me to it.

 

[thuynh7]

So the I written down all the jobs that he was due to do, which to be honest isn't much, plus the taking down the cladding and putting in a breather membrane and the soil and his rubbish to be collected. The last two are in thread on this forum.

The cost to remove the soil and rubbish alone is £600, we also got a qualified electrian to inspect his work and to re-do that is £300. So in all it's well over my final balance with him

Now that he's ripped up the contract and disappeared. I guess I get all this done and recover the cost through the small claims court?

 

[joe-90]

Call it quits and move on mate. BTW a skip doesn't cost £600.

 

[thuynh7]

skip doesn't cost £600. But the cost of getting a waste company in to get rid of it does.

 

[joe-90]

Eh? You get the skip AND the collection for less than £200

 

[taz123]

So the I written down all the jobs that he was due to do, which to be honest isn't much, plus the taking down the cladding and putting in a breather membrane and the soil and his rubbish to be collected. The last two are in thread on this forum.

The cost to remove the soil and rubbish alone is £600, we also got a qualified electrian to inspect his work and to re-do that is £300. So in all it's well over my final balance with him

Now that he's ripped up the contract and disappeared. I guess I get all this done and recover the cost through the small claims court?

No, you TRY to recover any money owing.

If you are going down that route you will need a survey and written report highlighting the faults. Your opinion(disgruntled) against a "tradesman's" may not convince a court enough to pass judgement.

Once again I find myself agreeing with the previous poster(call it quits).

 

[taz123]

skip doesn't cost £600. But the cost of getting a waste company in to get rid of it does.

4 cube of already excavated earth=£600.......where are you, I'll be on my way in 15.