Who gets the Completion Certificate

[spursfan323]

Having recently had a single story extension done, my builder has refused to give me the engineer's calculations (for rsj's) that i believed i needed to get the Completion Certificate from Building Control, until I paid him what he believes was outstanding payment.

To his dismay, the Certificate recently arrived in the post, so it would seem that I may not even need the calculations after all.

He has now claimed that he usually holds the certificates (sic) until the final balance has been paid, however he told the council it can be sent direct to me, and therefore i should feel immensely grateful and pay him some more money.

I believe he's talking a load of rubbish - his name wasn't on any of the paperwork sent in to building control, so I can't imagine why they would have sent anything to him. Can anyone confirm/clarify?

 

[freddiemercurystwin]

Surely you're missing the bigger picture here, that is to sort out who did what to who and who owes how much to whom etc etc.

 

[spursfan323]

Not at all - the issue I am querying is

Is my builder correct that he has asked the council to divert the certificate to me - or is he lying?

The payment issue is an entirely different, and dare I say confidential, subject, and thereby irrelevant to anyone on this forum

 

[JohnD]

ask the council.

nobody on here knows.

 

[spursfan323]

I thought maybe there was a standard procedure for the certificate..?

 

[chapeau]

Not at all - the issue I am querying is

Is my builder correct that he has asked the council to divert the certificate to me - or is he lying?

The payment issue is an entirely different, and dare I say confidential, subject, and thereby irrelevant to anyone on this forum

1) Ask him

2) The payment issue isn't irrelevant as you brought payment up several times in your first post.

I wouldn't pay the builder his final wedge until all work you contracted for has been completed to a satisfactory standard. If you didn't contract for him to keep the certificate, or tell the council to send it to you, then don't pay him for that service. It would seem unusual for this service to be included in any contract, the completion certificate belongs to the house (i.e. you), not the builder. If he has possesion of a completion certificate and withholds it from you I suspect he would not be able to claim any outstanding money owed by you in a court of law.

In general, I would not do business with a builder or any tradesman who included in his terms that he would hold back any 'certificates' until full payment had been made.

 

[freddiemercurystwin]

No point continuing the thread unless the OP explains a bit more about the situation. The OP appears to have in his possession so what is he complaining about exactly?

 

[spursfan323]

No point continuing the thread unless the OP explains a bit more about the situation. The OP appears to have in his possession so what is he complaining about exactly?

I do indeed have the Certificate in my possession.

However, my builder has claimed that he has done me a favour by arranging that the council send it to me directly. He therefore feels he is due a further payment for his efforts.

I believed that he is lying, but wanted to confirm before I rushed to confront him. You might agree that trust is somewhat important in a builder-client relationship.

 

[spursfan323]

I wouldn't pay the builder his final wedge until all work you contracted for has been completed to a satisfactory standard. If you didn't contract for him to keep the certificate, or tell the council to send it to you, then don't pay him for that service. It would seem unusual for this service to be included in any contract, the completion certificate belongs to the house (i.e. you), not the builder. If he has possesion of a completion certificate and withholds it from you I suspect he would not be able to claim any outstanding money owed by you in a court of law.

In general, I would not do business with a builder or any tradesman who included in his terms that he would hold back any 'certificates' until full payment had been made.

Oh, how I wish it was that simple. He has messed up several minor/easy jobs, and has to be dragged back repeatedly to make amends. I have no intention of paying him his final wedge as it will prove even more difficult (if not impossible) to get hold of him then. However, it is not an entirely amicable situation to be in, as you can understand.

 

[freddiemercurystwin]

So he wants additional payment just for having the cert delivered directly to you?

 

[spursfan323]

So he wants additional payment just for having the cert delivered directly to you?

Not 'additional' payment...he wants me to release part of the retention..just for (claiming that ) he had it delivered

 

[chapeau]

It is in fact terribly simple. Any difficulties are of your own making.

Tell builder A he will be paid in full within 14 days when he completes all the outstanding work contracted to a satisfactory standard. If he doesn't do this within a reasonable time then you will have to get the work performed by another builder B, and if it costs more than the money you are holding back, you will invoice builder A for the difference.

 

[spursfan323]

It is in fact terribly simple. Any difficulties are of your own making.

Tell builder A he will be paid in full within 14 days when he completes all the outstanding work contracted to a satisfactory standard. If he doesn't do this within a reasonable time then you will have to get the work performed by another builder B, and if it costs more than the money you are holding back, you will invoice builder A for the difference.

i have told him this repeatedly but he constantly hounds me for more payments with threats and harrassment..i suppose i should just ignore him

 

[chapeau]

I bet you haven't told him that you will get another builder to do the work and bill him for the difference.

You should call the police.

Anyway, that's enough free advice from me.

 

[spursfan323]

I bet you haven't told him that you will get another builder to do the work and bill him for the difference.

You should call the police.

Anyway, that's enough free advice from me.

i have, but I'm too timid and he's too aggressive.
Thanks for your help anyway.