Builder wants payment before completion

h.cowell

We are having our conservatory renovated following a subsidence claim. We took several quotes and choose who we thought would provide us with the best job. We agreed to pay 50% of the cost when the roof went on, and the rest on completion.

So far we have had the subsiding wall rebuilt (excellent job, great finish etc), conservatory glass roof/doors installed (a few niggles that will hopefully be put right) and the floor partially raised (this part of the work has stalled). We have paid 50% of the original quote plus all extras done to that date.

The work has now stalled because we are not completely happy about the new floor. Long story, but the radiator has caused problems so we have decided take the pipes out completely and have an electric one. In our opinion, the plumber should have been called in before the floor started to go down.

The floor has been built up with two layers of celotex insulation, and three layers of various chip board/wood (don't know the technical terms!) held together with glue and screws. Unfortunately no thought has been given to layout and this has resulted in 'strips' of insulation at the edges of the room and the thresholds. We queried this and the thresholds have now been filled with concrete (we would have expected the boards to be fitted to the edges?). The boards now move a few millimeters when stood on at these edges. The builders have proposed to screw this down, through the insulation, into the original solid floor.

To be honest, we're not happy with the finish so far with regards to the floor - but are we being picky??? We have raised our concerns and have just received a very formal letter from the building company setting out their proposal to screw the floor down and asking for the balance of payment! Of course, we won't pay it... yet. What should we do? From the way it is written, it sounds like they won't go ahead unless final payment is made!

Sorry for the long message, but our conservatory woes (subsidence) have been going on for a long time...

maninthestreet

Do you have a written contract that states the 50% up front, and 50% on completion? If so, refer them to this part of the contract.

h.cowell

maninthestreet wrote: »

Do you have a written contract that states the 50% up front, and 50% on completion? If so, refer them to this part of the contract.

Yes, we do . I will refer them to this - I just feel uncomfortable with the whole process now and find it difficult to understand their change of attitude? We have (I think) been very reasonable so far...

suisidevw

Exactly. How many times have we read on this forum about people paying the final monies before works are completed then getting shafted?

Hold off payment until you are COMPLETELY happy.

iamcornholio

In fact better still is 10-20% up front, the next 40-30% when the roof is on and then 47% when the job is completed - and the remaining 3% after 12 months as long as there have been no problems

Whatever the contract says, dont pay all of the balance unless the work is "completed properly". I would not say "completed to your satisfaction" as some clients are too picky and can dispute work which is satisfactory, because they think it is not. This is unfair to the builder

If you think it is bad, and the builder thinks it is good, then what can change minds is if you offer to get an indepeandant expert in to assess the quality of the work and whoever is wrong pays the fee. This normally sharpens the mind

booty40uk

It sounds as if there is not actually much left to do, the real question is whether or not it will be done to your satisfaction. Personally, i would re-write the contract stating that you will pay 25% when they return to fix the floor and a further 15% on completion of this. (This will probably be on the same day). I would also keep the remaining 10% as a retention for a specified time to ensure that the work is sound.

HTH

Andy

GClyde

There's a lot of different advice being given here. I'd strongly advise that you speak to citizens advice bureau + trading standards. There is also excellent advice on the office of fair trading website.

missile

You said following a subsidance claim, do you have an architect / surveyor? If not who is supervising this work?

I don't fully understand what you have described, (photos would help) but it sounds dodgy to me. If the boards are not properly supported this problem will not get better and can only deteriorate over time. I would get an expert in to survey the work before you procede further. It may cost you, but even if he only confirms that work is satisfactory IMHO that would be money well spent.

I would not make any payment other than that which has been contractually agreed. However, it seems you have authorised "additional work" not in the original scope(?) and it would be reasonable to pay for this on completion of those items.