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I am end the end of my tether with my problems with my builder.
I shall try to summarise as concisely as possible.
He was recommended to me by someone I trust - he had done a lot of work for him and he came across very professional and personable so I hired him.
A lot of communication was done over email including estimates, banter about the scope of works etc so though we didn't have one definitive list describing the scope the sum of emails pretty much clearly states what was agreed.
The scope was to pretty much:
decorate the hallway and landing
skim and decorate the lounge
remove a load bearing wall in the lounge
decorate the dining room
install a few new sockets in the areas above and put new faceplates on all sockets.
On the outset I paid 50% up front as a sign of goodwill. On the first day of works, an issue was found with the house that meant the removal of the load bearing wall wasn't as straight forward as we all thought and so I had to investigate getting another contractor in to remedy this issue. As a result, the lounge work was put on hold.
2 weeks later, another 25% stage payment was made. At the time, no real issue was raised from the builder regarding scheduling the lounge works in - they said it wouldn't happen straight away but as long as we were flexible, it would be fine.
A week or so after 25% payment was made, noises started to be made by my builder that they couldn't fit the work in for months. Also, that because the works didn't adhere to the original schedule, the project had cost them more than originally quoted for. They suggested, to get the project finished sooner, I get someone else in to finish it. The builder stated that he was going take 66% of the balance to cover the works he had done to date (which is only painting the hallway and landing and first fix of electrics no way 66% of the work done). He said this was a fair representation of how much the work had cost him to date and he said the fault lay purely on my shoulders because of the original problem found in the lounge. He also said if I ask them to come back in, then they will have to recost the whole project. They have done this, and the costs have jumped up significantly (over 50%).
Works stopped a few weeks ago and the builder is suggesting I get a decorator that has recently left him to finish off the decoration work. Removal of the load bearing wall is up to me.
His last communication to me was saying that he would send me the difference between what I had paid and what costs he had incurred. This was a few hundred pounds owed to me. That was over 12 days ago and I have heard nothing.
In the last couple of days, I have found out that the structural issue highlighted to me by the builder is a very different (and much bigger) issue than the actual issue that was communicated to him by the planning officer from the council. He has either misunderstood what the planning officer said or he has deliberately misinformed me.
As a compromise, I have asked him to sub contract the work to the chap that has left him and that I shall bear the cost of the removal of the wall as long as I am refunded what he originally quoted for this part of the work. I am still awaiting a response but I know its going to be in the negative as other requests I have made for him to sub contract the work have fallen on deaf ears because he says "he knows noone else he would trust to sub the work out to. It's best you get someone to do it."
My view is that he under costed the whole project and is now looking to get out.
On a personal note, I have 2 elderly parents that are sitting on garden furniture in the lounge, electrics exposed, obstacles all over the place and I want to get this sorted asap as the works originally commenced in early June. I have never been down the legal route before but I just wanted some general advice as to what avenues are open to me now. Can I get someone else to come in to finish the work and get the original builder to pick up the costs? If he says he can come back in in a couple of months but it would cost me more then what should I do? What steps would I need to take before being able to go-ahead with another builder? Am I in the wrong in any way other than paying him too much too early (I hit myself about this every day!)
You builder is in contract with you to complete the scope defined for x pounds. You cannot lawfully get out of a contract because you do not like the price, if you do you must face the financial consequences.
If he fails to do so (and you have not caused such failure) and this goes to the root of the contract then the builder is in breach of contract and you are entitled to treat the contract at an end and claim your losses flowing therefrom.
If you are going to appoint a replacement builder then you should notify your present builder. I do not know enough about the facts of your case but below is something I drafted that you could amend to suit your circumstances:
'We refer to the telephone conversation today between your x and our x and confirm that you advised us that you do not intend placing any labour on site until such time as you have been paid, i.e. effectively you withdrew from site yesterday. You have given no prior notice of this action.
This clearly shows that you have no intention of fulfilling your obligations under the contract and that amounts to a repudiatory breach that (subject to the condition below) we accept.
As you are aware this is a particularly critical time for the project with handover planned to take place next x. We wish to record that one of the key issues to a successful handover is the wiring to the FCUs (87 No.) where you have damaged the cabling. Please note that practical completion will not be achieved until such time as the FCUs are fully operational.
In the event that you should return to site tomorrow morning with four competent electricians to complete the works for next Monday, in particular the wiring to the FCUs, we are prepared to overlook your absence from site today and allow you to continue fulfilling your contractual obligations.
If you do not comply with the immediately preceding paragraph, we hereby give you notice that we will then accept your repudiatory breach without further notice and set off from any sums due to you or recover as a debt any losses arising from this breach. Those losses will include, but will not be limited to, the cost of instructing others to complete your works, any delay damages passed on by the main contractor (the employer’s liquidated and ascertained damages are £12,500.00 per week) and our own additional supervision costs associated with arranging and supervising these completion works.'
You really need to consider whether your present builder will be good for the money and the risk relating to the legal costs of pursing the matter.
In these circumstances I always advise to try and reach and compromise with your builder, going down the route of appointing a new contractor and the legal route is last resort.
Not much good to you now but finally, never pay a builder in advance, their main incentive to complete is then removed.
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Thanks for your reply. He has used the fact that an issue was found on day 1 of the schedule with the house that meant the removal of the load bearing wall wasn't as straight forward as we all had planned. This required for another contractor to be hired as it wasn't within the builder's scope nor did he say he was qualified as it required a specialist.
As a result, works in the lounge work was put on hold. He has firmly placed the blame with me and meant he could not fulfil the works in the original schedule. He has said (after he received 75% of payment) that his costs have increased.
Is this fair?
Surely, he should have recosted and warned me of rising costs as soon as the issue was found?
Thanks for your reply. He has used the fact that an issue was found on day 1 of the schedule with the house that meant the removal of the load bearing wall wasn't as straight forward as we all had planned. This required for another contractor to be hired as it wasn't within the builder's scope nor did he say he was qualified as it required a specialist.
As a result, works in the lounge work was put on hold. He has firmly placed the blame with me and meant he could not fulfil the works in the original schedule. He has said (after he received 75% of payment) that his costs have increased.
Is this fair?
Surely, he should have recosted and warned me of rising costs as soon as the issue was found?
This is irrelevant. If he cannot do part of the job, then he is to credit you the difference for that part, and do the rest. If the rest depends on it, then he is to refund you the difference.
He cannot legally start a job and leave in the middle when nothing is stopping him from finishing that specific part of the job.
He also should have notified you immediately as opposed to after receiving 75% of the payment.
Only use reputable builders and get a contract up front. Make sure you have all the details about the builder in case something goes wrong and you do need to sue the builder, as you can't sue Joe Builder in the middle of nowhere - you need an address.
------------------------------------------------------------------------------------- All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional.
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The only way forward is to negotiate with the builder and get all the items costed for what he has done, outstanding and which he will not be doing, such as the wall removal,which I pressume will be fairly costly item.
You will need building regulation approval for the structural alterations and the electrical work.
Are you or the builder arrangeing for this?
The only way forward is to negotiate with the builder and get all the items costed for what he has done, outstanding and which he will not be doing, such as the wall removal,which I pressume will be fairly costly item.
You will need building regulation approval for the structural alterations and the electrical work.
Are you or the builder arrangeing for this?
I disagree that the 'only way forward' is to negotiate with the builder.
You can sue the builder for not completing the job. You don't have to negotiate if he is being a prick!
------------------------------------------------------------------------------------- All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional.
If you feel my post has been helpful, please click my scales.
I disagree that the 'only way forward' is to negotiate with the builder.
I personally think the claim is pretty dead-cert and would issue against the sole-trader as the PM would have been employed by his wife. If the sole-trader owns a property [though this is not guaranteed because there could be neg equity] it is probable that there is a decent chance of recouping at least some of the money from the sole-trader.
She is liable for her employees or contracted staff. End of.
What PM! sole trader? have you got the right thread?
What PM! sole trader? have you got the right thread?
Sorry confused threads! Long day! Just changed the post content. Sorry.
------------------------------------------------------------------------------------- All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional.
If you feel my post has been helpful, please click my scales.
to be fair you should have got in a structural engineer who would have told you what exactly was needed to take away the load bearing wall, ie steels/lintels/padstones/piers and the like.
the builder was clearly out of his depth however and should only be paid for work carried out.
i am in the building trade myself and unforseen circumstances do crop up from time to time, i price for work to be carried out but if extra work needs do be done so that i can carry out that work then that is extra work and not in the original price, some time without starting a job you dont know what you will find, say i come to your house an give you a price to put an extra socket in, at this stage i am not going to be lifting floorboards to check anything as usually its very straightforward, however when i come to actually do the job and i find that the cable under the floor is perrished who shall foot the bill for that ?
im not stickin up for ya builder as he doesnt seem much of one so take him to court get some of your money back and give the FMB (federation master builders) a call and they can tell you of decent builder in you area, also the building control officer will know a few.
good luck hope you get it sorted
Builder problems
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Originally Posted by Gurjit
All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. 
If you feel my post has been helpful, please click my scales. 
