Builder issues

[kesessimmivau-4574ke]

We have onboarded the builder to do extension at the beginning of the year. We don't have any written document/contract between us. He has done many mistakes and didn't passed building control. Have issues with roof and others. He has n't completed the work and keep missing the timelines given by him. I finally given up on him and want to get rid of him and fine another one. But he kind of threatening me that he has spent more money so he want surveyor review so that we can pay him more.How to handle this? There were no surveyor when he given us the quote. Can i onboard new builder soon? or do i need to resolve this issus with current builder before brining the new builder?

 

[blup]

You are responsible for building control as the homeowner.

Blup

 

[wessex101]

The main problem is that the builder is suggesting that he is owed money for additional work and wants a surveyor to undertake a contract valuation to establish the amount owing. Obviously you are not required to pay for defective building work so rather than just undertaking a valuation you need someone to inspect the work and document all the defective items.
The danger with employing new builders is that they will probably have to remove all the defective work or at least correct the poor workmanship so any evidence of the defective work will be removed or covered up making your case to refute the builders claim for extras rather difficult.

So on face value it would seem to make sense to resolve the outstanding dispute with the original builder before you appoint a replacement. However, you will have to decide if the original builder is likely to go to the trouble to appoint a quantity surveyor and claim for the extra money or it is just an empty threat to put you under pressure to keep him on the job. It certainly sounds like a classic cowboy builder situation making hollow threats and he is most likely to cut his losses and do a runner if you push back. It certainly seems unwise to keep him on the job so I would be inclined to give him his marching orders and inform him that you intend to counter claim against him for the cost of rectifying all the defective work and all additional costs you incur due to his failure to build to an acceptable standard and to a reasonable timeframe.

 

[noseall]

You are responsible for building control as the homeowner.

Blup

Only as far as engaging and paying. It is the task of the builder to make sue his work complies with the drawing and that is is up to B'reg's standard.

 

[^woody^]

If you can't agree, you could instruct an independent building surveyor to report on the works and the values. You would select the surveyor and instruct him, and his fees come out of the money owed to the builder.

It would be important for your builder to be aware that the surveyor will be instructed to look at the quality of the work and view it in context of a contract, and include what should have been done for the money charged as well as what was done.

 

[^woody^]

You are responsible for building control as the homeowner.

Blup

No. The process of requesting inspections and ensuring compliance can be delegated to the builder under contract.

Whilst the homeowner is responsible for non compliance, the costs of this would be recoverable from the builder.

 

[blup]

Only as far as engaging and paying. It is the task of the builder to make sue his work complies with the drawing and that is is up to B'reg's standard.

But the builder can't comply with any of the OP breaches, so the homeowner will be pursued.

Blup

 

[blup]

No. The process of requesting inspections and ensuring compliance can be delegated to the builder under contract.

Whilst the homeowner is responsible for non compliance, the costs of this would be recoverable from the builder.

The contractual relationship appears to have broken down.

Blup

 

[^woody^]

The contractual relationship appears to have broken down.

Blup

Yes, but the rights and responsibilities under contract - whether verbal or written, remain.

Even if the OP sorts out the current issues and let's the builder go, that would not prevent pursuing a claim for losses afterwards. Unless of course if the OP was foolish to agree to a "full and final" settlement.

 

[Murdochcat]

Have you got invoices for all the money you have paid the builder?

 

[mrrusty]

@^woody^ is spot on. Start from the point that the contract has been broken because the work has not been completed.

The first action may well be to write formally to the builder and state he has broken the contract by not completing the work in the agreed time. That you are still prepared to pay for the total of the work at the agreed price but only once it is completed and signed off by building control, and you will not be paying any more at all until the works are certified complete. (with no written contract he has no contractual right to stage payments) Give the builder 7 days to respond and 14 days to get back on site if he intends to complete. Also advise him that if he fails to complete, and the cost to complete the work using others exceeds the agreed cost of the contract with him, you will sue him for the difference (you have the right, but most likely in the end you won't because of the hassle, unless the difference is massive and the builder has assets you can go after).

Irrespective of a written contract, there is an obligation on the trader to complete the work with skill and care.

If he fails (as he will), then you can get another builder to quote to complete the work and get it signed off. paying a surveyor is probably good money after bad, because you won't get reimbursed the surveyor fees.

The builder does have the right to be paid for the work done to date, but the onus is on him to prove the quantities and values, not you, and taking in to account the obligation to complete the work to an appropriate standard, work that is defective and cannot pass building control, has no value no matter how much time and material has been spent on it, because you have no obligation to pay for defective goods and services.

In my experience, although you have the right to legally pursue the other builder, the pragmatic approach of cutting your losses and moving forward as quickly and inexpensively as possible is best.