Snagging retentions (ed)

xxTinoxx · 25 Jan 2021

Hi All

I am looking for advice

We have had an annex built and we are due to pay the final 10%
We had had a number issues which they have tried to rectify, biggest problems re the bi-folds are not installed properly, we need to push the top corner to make it close properly. Also the water heater is leaking and they were suppose to install ethernet connection which does not work.

Am I right to hold back the 10% until rectified

All help is appreciated

mattylad · 25 Jan 2021

yes.
You paid for a job, until it's satisfactory then I would not pay it all.

xxTinoxx · 25 Jan 2021

But do you think sticks legally ?

EddieM · 25 Jan 2021

xxTinoxx said:
But do you think sticks legally ?

Of course.

KenGMac · 25 Jan 2021

Withhold the funds until all work is satisfactory

As/When the Contractor demands payment, simply give him a written list of all and any defects [an e mail will suffice] and tell him no funds until 100 % completion is achieved. And then ask for completion dates, BUT?? present lock down will make this difficult??

Ken.

xxTinoxx · 26 Jan 2021

Cheers Ken

xxTinoxx · 26 Jan 2021

So I went to the Bi fold supplier and they said it has been installed wrong. We showed them videos of the of how it operates, the used one in the showroom, they didn't compare. Do you think I should give them time to rectify or deduct the cost of the door from the final balance?

Old Salt · 26 Jan 2021

Give them chance to fix it but do not pay until completely satisfied

KenGMac · 26 Jan 2021

In general terms, the Contractor has to be given the opportunity to undertake remedial works.

If the Contractor succeeds in rectification of [ all ] outstanding issues then he can be paid, but? If he refuses to return, or returns but fails to rectify the issues then ??

The contractor should be given a written warning [e mail is fine ] that you are going to appoint a different contractor or contractor to undertake repair to the outstanding faulty work, and retain the final 10% which will be paid to the new contractor + use the small claims court to reclaim any other funds expended to undertake remedial actions.

In such issues, you will need proof, records, and such like.

Ken.

xxTinoxx · 27 Jan 2021

So the contractor texts me and says pay up or I will take you to the small claims court, and also I will send you a bill for the extra works! So I called him and said what extra works, he said he couldn't speak right now as he was with a client, so I waited for a call back!. He texted back and said he will get someone from the Bi fold company to come and check the door on Monday.

Let see how this ends!

Also thanks to all those who commented

Old Salt · 27 Jan 2021

Tell him not to worry over small claims court as you have a counter claim and will also be asking for costs for the time you have had to spend sorting out his shortcomings.

Up to 10k will cost about £500 in fees.

Make sure you have photos or better still video of the problem before he fixes it and a timeline and record of the discussions and responses you have had, copy of text messages, emails etc.

Provided you have given him the opportunity to resolve the issues he wont succeed in any claim unless he has fixed the problem.

Hopefully it will be resolved on monday.

xxTinoxx · 28 Jan 2021

Ill keep you all posted

Thanks again

gasbanni · 31 Jan 2021

Ask them how they intend to fix the problem with the bi folds ......They probably need taking out and refitting !

I Suspect they can't fix it ! Before you let them loose on it ask them to explain how they intend to remedy the problem. It's not going to get better it will get worse.

Tell them if they can't sort it you will get someone else to fix it and take what it costs out of what your owe them !

mattylad · 31 Jan 2021

Yes do that, get them to explain what they are going to do "before" they attempt anything.
You don't want them making it worse because they are unable to do it correctly.

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Snagging retentions (ed)

EddieM

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