Builder not finished job - but won't give keys back until he gets paid!

Prav

Pretty much what the title says.

Had a flat refurbishment done, which is pretty much finished apart from few snaggings (e.g. spot painting etc).

However, he's insisting that I pay 2/3 of the outstanding amount before he's finished. I'm insisting that all this is done before I pay him in full, which I think is reasonable - when the job is done I'll pay everything.

So he's saying that he won't finish the snaggings and he'll not give my keys back until he's been paid. I don't like being blackmailed.

Is this a criminal matter - i.e. should I call the police as he still has my keys? Naturally I'll be changing the locks.

robpw2

no its a civil matter

robpw2

has he given reason why he wants some money now ?

Prav

He thinks, based on his past experience with other people, that I'm not going to pay the full amount, because he's added things on which I didn't agree with and inflated the price of some things. This was based on a reissued final bill, that was different from the original contract. But actually I was going to end up paying it all, just to be rid of the hassle.

Prav

Another question: the NICEIC electrical certificate was issued by one of his electric colleagues but only one page was given (and not the page with the address of the inspector). I imagine they won't be giving the rest of the pages.

Is there a way I can obtain this directly from the inspector - all i have is the serial number of the certificate.

Cknocker

It depends on the sums of money involved, it is basically fair to withold payment to the sum of what it would cost to get someone elsein to finish the works.

If yu owe the builder say £3000 and he only has a bit of paintwork to finish, I can understand why hes miffed, i you have some major snags then maybe it is fair.

Do you have any form of contract with him?

With construction contracts there is an allowance for retentions to be set, generlally with the contracts I set up the retention is set at 5%, half of which is released on practical completion (The stage at which you agree it is complete maybe with some outstanding snags that don't prevent you from taking occupation), the other half is released on total completion. If the works were of a low value the retention could be higher, what you don't want to happen is to get in a position where the retention you are holding is less than the cost of putting the works right, conversely you don't want to be holding more than is neccesary as that puts an unfair burden on the builder, he gets no retention on his supplies at the end of the day.

Cknocker

Unauthorised works he can't make you pay for, but ypu have to be a little careful as sometimes it is necesary to do additonal works in order carry out the contract works, but again you come down to the form of contract and whether it deems to contractor is to include for all such items.

Prav

Thanks, seems reasonable. I wish I was dealing with you!

I have a contract with him but he's since added to that with things that he is vastly overcharging for e.g. off spec things like painting of radiators etc. I would of course would have paid any reasonable charges but he was taking the mick, and I wasn't happy with it, and he thought that I wouldn't be paying the full amount he's demanding.

Cknocker

Its not possible to be exact without seeing the contract, the chances are though you are in your rights to not pay for any works that you have not instructed.

Taking the radiators as an example: -

1. Did you originally expect the radiators to be painted?
2. Did he bring it to your attention that he had not priced for it?
3. Did he give you a price for doing it? (Obviously he didn't!)

The questions I would be asking myself: -

1. Did I expect him to paint the radiators as part of his price?
2. Did I want them painted at all?
3. Was it clear it was/ was not included?
4. Am I happy to pay extra for him to do it?

If you are in agreement that you wanted it done but he hadn't priced for it pay what you think is reasonable

Prav

Thanks; the contract didn't go into that much detail.

For instance, I was getting new windows in, but they did the plastering and painting of the walls a few weeks before they were in (all except the area around the windows). So he's charged me extra to finish this (and at an extortionate rate) - even though it was made clear that I'll be having new windows. In effect he's charged me twice for the plastering because with or without new windows, he would have still had to plaster and paint up to the existing windows.

He also didn't mention that he'll be charging extra for this either until I received the bill.

Cknocker

Certainly wouldn't pay him for that