Builder not built house to plans

[rose123]

Hi,
What can I do?
I have had an extension whose plans were drawn up by an architect. We employed builders to carry out work however on completion once we were getting ready to have a kitchen fitted we discovered the kitchen was smaller than it should be. This mean't that we couldn't fit all the units in we had planned for and the large table we had needed. We then started measuring the other rooms and discovered these too were incorrect.
I contacted a solicitor who said that unless we had suffered a financial loss as a result of these errors then there was nothig we could do except accept it.
The point of the extension was to have more room, now we are planning a conservatory to put a bigger table into.

Has anyone had any experience like this? From a legal point of view what can I do?

Thank you in advance, Rose

 

[bernardgreen]

What was in the contract with the architect ?

If there was clause that he or she would supervise the building work then he or she carries the blame as he or she did not check the dimensions as it was being built.

If you were supervising the build yourself then it is down to you.

 

[Nigel_Cro]

This is why you need proper project management - it always seems a bit overkill on smaller jobs, but in circumstances like this, worth every penny.

As Bernard says, if the architect had signed up to say he would project manage, it is his responsibility, if not, I don't think you have any case against the builders.

 

[RogerBoyle]

How much smaller is the build from what it says on the plans ????

 

[freddiemercurystwin]

If there was clause that he or she would supervise the building work then he or she carries the blame as he or she did not check the dimensions as it was being built.

What a load of bollix!

 

[bernardgreen]

What a load of bollix!

No. in a similar case where the builder was committed to supervise the project and errors were made the client was awarded compensation in a court action against the builder for negligence.

 

[footprints]

I would have thought that if you give a builder proper plans to build a 4metre extention and he builds it say 3 metres, he has not completed the work correctly.

On the other hand it would depend on how accurate and detailed the plans were there might for example be a misunderstanding between you and the architect. He might say the extention will measure 4metres x 4meters but he is talking about overall measurements while you are expecting the space inside to be that.

 

[denso13]

I contacted a solicitor who said that unless we had suffered a financial loss as a result of these errors then there was nothig we could do except accept it.

This is the important bit and is, unfortunately, correct.

 

[rose123]

thank you all for replying. The kitchen is out by 600mm which is why we lost a unit. The utility is out by 100mm so we had t put a 500 unit in and a smaller sink to fit.

The builder prject managed himself. He will not comment.

 

[freddiemercurystwin]

What a load of bollix!

No. in a similar case where the builder was committed to supervise the project and errors were made the client was awarded compensation in a court action against the builder for negligence.

Yea the builder not the architect!

 

[SimonH2]

The kitchen is out by 600mm.

As mentioned before, who was project managing it, and what exactly were the instructions to the builder ?

2 foot isn't a small error, so unles the instructions were "quite unclear" it's hard to argue that the builder exercised "reasonable skill and care". IF the builder was told "build to these plans", and the plans were clear, then you turn round to the builder and tell him to put it right at his expense - if that means pulling it down and starting again then tough s**t, he should have looked at the plans !

I hope you haven't paid the builder yet.

Mot likely, the builder would walk away without pay rather than suffer the extra cost of doing it all again. Technically, you should be able to get someone else to sort it and sent the bill to the builder in that case - but then it would come down to whether the judge agreed that the error was significant enough to make that a proportionate response.

 

[bernardgreen]

What a load of bollix!

No. in a similar case where the builder was committed to supervise the project and errors were made the client was awarded compensation in a court action against the builder for negligence.

Yea the builder not the architect!

As I said it depends on who was contractually responsible for ensuring the build was as per the plans. Some architects supervise the build and check that the builder is following the plans.