Builder made a problem & also not turning up. What can I

[TonyLikeDIY]

Hi,

My builder has not been to work for 17 days now and the roof is getting more fungus each day due to him using propane inside and making condensation. And he has not finished all the works as per the contract I made with him.

Please see my post below which shows pics of the damage and some more detail.

//www.diynot.com/forums/viewtopic.php?t=169156&highlight=

The builder (and his brother) worked real hard for the first month or so and has lately being making a lot of excuses and missing appointments. After a lot of messages to his voice mail I finally got hold of him and he said he will turn up last weekend to sort it out. But he did not turn up and when I rang him he did not answer. A whole week passed and again no answer, i got hold of him yesterday and he was suppossed to send his brother 10am this morning as he told me he has had stomach problems and has been in hospital and never had his phone. But.... He still hasnt turned up and its now nearly 2pm.

One thing to point out that in the contract I put that I (the client) is to supply all materials on time. Which I have done. And also got a cement mixer truck to make foundation concrete which saved him making it by hand!!!

But as this problem of fungus was the builders fault should I get the builder to pay for the algea cleaner, the fence preserver stuff i bought and the vapour barrier which i still have to buy? Can I take money off him for delay? (However I dont want to do this as he is a quite nice person apart from not turning up and has done a good job apart from not knowing condensation occurs)

This is what I put in the terms of the contract:

Paragraph 2: The builder agrees to gaurantee that all works be of a standard a resonable person would expect. He shall be responsible for any cost incurred due to faults occuring to his (or his sub-contractors or his employees) work for a period of 5 years.

Paragraph 7: The client can terminate this contract if
The work is not to a standard a resonable person can expect
The work is not being completed within the time scale
Any specifications or agreed amendments are not being adhered to.

Thanks for any advice

Tony

 

[Alastairreid]

Have you paid him yet?

 

[TonyLikeDIY]

Have you paid him yet?

I split the work into 4 parts and a deposit plus 4 payments and I am keeping 5% retention back at each stage.

This was...

Deposit before start to keep builders time (£300 pounds).

Stage 1 - (36% paid) for Foundations, concrete screed, 3 courses bricks.

Stage 2 - (64% paid) for Building, Walls, Windows, doors.

Stage 3 - (82% paid) for Roof and Guttering.

Stage 4 - (100% paid) for Fence and Misc Jobs.

I have paid up to Stage 3 so only the last one to pay. However, they have put the fence up and done the misc job which was repair an existing lead flashing on my conservatory roof.

The only jobs left are the concrete screed and to put in insulation and plaster boards. (and of course to clean the algae and paint!)

Tony

 

[Alastairreid]

as your builder has 18% of the balance left on the job i would imagine it would be in his interests to complete.
maybe his reasons have been valid and as you said yourself he is a decent guy.
you should give him a date for completion after which you will get another builder in to finish your job, with forfeiture of balance of monies owed.

 

[^woody^]

You will have a hard job apportioning blame for the mould on the builder.

For the non attendance/non-completion, then its standard breach of contract. Give him notice that you require compliance with the contracted terms, or you will engage another builder to complete the work and make a county court claim (aka small claims) for your costs and losses for breach of contract

Send your notice via recorded delivery and set dates for things to start happening

 

[TonyLikeDIY]

as your builder has 18% of the balance left on the job i would imagine it would be in his interests to complete.
maybe his reasons have been valid and as you said yourself he is a decent guy.
you should give him a date for completion after which you will get another builder in to finish your job, with forfeiture of balance of monies owed.

Its just my shuttering ply is becomming damaged the longer I leave it and I dont have time to clean it off myelf. I canot get hold of the builder and a friend of mine (who knows a 3rd brother of this builder who does not speak to these two borthers that are doing my work) told me a few hours ago that he the builder is not in the country.!!!

 

[TonyLikeDIY]

You will have a hard job apportioning blame for the mould on the builder.

For the non attendance/non-completion, then its standard breach of contract. Give him notice that you require compliance with the contracted terms, or you will engage another builder to complete the work and make a county court claim (aka small claims) for your costs and losses for breach of contract

Send your notice via recorded delivery and set dates for things to start happening

See my reply above for an update.