When is the completion payment due?/damage to property

[Breagh]

We contracted a builder to do large extension and to renovate the existing house. The project lasted almost a year and we made every payment on time. We have now come to a stalemate with the builder over a small completion payment.

The project has not been completed as there is some skirting to fit and decorate and a radiator to fit. There are also two large piles of spoil from the groundworks and some significant damage to a parking area that needs repairing. We have also not had the completion certificate from the building inspector of the FENSA certificate for the windows.

There is also a snagging payment due but so far no snagging has been completed.

The builders have also left a three foot hole outside the back door and have not levelled off the ground around the house. They say this was not in their contract but as it was such a large project the contract was in broad terms ie groundworks and drainage items and fine detail was not listed. The sides of the manholes and drains are also exposed and are not all at the same level.

My questions are 1) is it reasonable to withhold the completion payment until all work is completed and the completion certificate has been issued?
2) if a parking area was damaged (now a foot plus deep hole 5mx10m) should that be repaired or is it normal to damage the ground 30m from the house?
3) with a large build would you normally level the ground outside new doors and around drains so the doors can be safely accessed? We've been told this wouldn't normally be done as part of the groundworks but as landscaping. We cannot currently use the doors are the holes outside them are so deep and the ground is unlevel.

We don't want to be unreasonable and would like to understand what would normally be expected as part of a large build.

 

[freddiemercurystwin]

I would expect them to do everything they were contracted to do, what do the Building Regs drawings say?

 

[denso13]

Do you have a contract?

 

[Breagh]

We have a detailed estimate which had terms and conditions on and payment schedule laying out when payments were due. This stated that the last payment would be on completion of all work in the estimate.

I'm not sure how to tell if the building regs drawings show levelling the ground and heights of manholes etc.

 

[mattylad]

IMO completion is when the works are completed.

And it's not completed if there is still works to do, snagging and making good are IMO still works.

So its not completed, so IMO dont pay until it has been completed to your satisfaction.

I'd not be paying yet.

 

[AlanE]

Builder may keep any relevant certificated until final payment has been made however this should not be due until all agreed work has been completed.

 

[highwaystar]

Builder may keep any relevant certificated until final payment has been made however this should not be due until all agreed work has been completed.

Seems that its more to do with the contractor not completing the works. In any case it would be normal for all certification to be provided by the contractor - and unless and until the contractor provides to the client they are entirely within their rights to withhold final payment. Its up to the contractor to complete the works and provide documentation - otherwise the works are not complete and the contractor is not due final payment.

 

[highwaystar]

We contracted a builder to do large extension and to renovate the existing house. The project lasted almost a year and we made every payment on time. We have now come to a stalemate with the builder over a small completion payment.

The project has not been completed as there is some skirting to fit and decorate and a radiator to fit. There are also two large piles of spoil from the groundworks and some significant damage to a parking area that needs repairing. We have also not had the completion certificate from the building inspector of the FENSA certificate for the windows.

There is also a snagging payment due but so far no snagging has been completed.

The builders have also left a three foot hole outside the back door and have not levelled off the ground around the house. They say this was not in their contract but as it was such a large project the contract was in broad terms ie groundworks and drainage items and fine detail was not listed. The sides of the manholes and drains are also exposed and are not all at the same level.

My questions are 1) is it reasonable to withhold the completion payment until all work is completed and the completion certificate has been issued?
2) if a parking area was damaged (now a foot plus deep hole 5mx10m) should that be repaired or is it normal to damage the ground 30m from the house?
3) with a large build would you normally level the ground outside new doors and around drains so the doors can be safely accessed? We've been told this wouldn't normally be done as part of the groundworks but as landscaping. We cannot currently use the doors are the holes outside them are so deep and the ground is unlevel.

We don't want to be unreasonable and would like to understand what would normally be expected as part of a large build.

Do you have a contract?

I'm guessing you only have the estimate/quote.

Contracts generally comprise:
(1) Express terms - i.e. those expressly stated per the written terms of the contract
(2) Implied terms - i.e. those which are inferred and which would be necessary in order that the contract may work - i.e. to give the contract so called "business efficacy"

There is also what would be reasonable to be taken account of - although not something which would displace an express term in the contract.

Seems that the contractor is responsible for "making good" areas which either they excavated or were affected by their excavation or affected by their works, therefore the carpark area you mention should be "made good" - i.e. returned to the position you were in before the commencement of the contract as regards those areas.

You should make a list of all the works outstanding/incomplete, obtain a quotation from another contractor for such works, including "making good" areas such as the carpark. Don't do anything else at this point other than to advise the contractor the list of outstanding works and to give them an opportunity to put right (at their own expense) otherwise you will have no alternative but to employ others to complete their works on their behalf and which monies will be deducted from their account.

The concern here is that the cost of completing the works and of making good may well be more than the balance remaining to be paid per the original contract/estimate. If there isn't much difference then fine, but if its a significant difference then you would be faced with billing the contractor for the difference and pursuing them for payment. In which case, perhaps one for the small claims court?