Builder has caused damage

marlasinger

We are getting our garden walls knocked down and rebuilt.

The work started today, but they haven't organised a skip so the rubble is sitting in our front yard, and one of the chaps dropped a concrete block on the drain which has broken the drain cover.

The main builder is coming back this afternoon to pick up cheque for 50% of the quote. Am I within my rights to withhold 25% (of the 50%) and tell him he'll get the other 25% when he sorts the skip and repairs the drain cover?

I'm not the most assertive of people and the thought of this is making me sick. I don't know what is reasonable or not, and I don't want to be taken for a fool.

geri1965_2

He probably needs the money for materials - if you withhold some of it, he may not start the job.

I would pay him what was agreed, tell him you will price up the cost of a new drain cover and he can either pay you separately for that or deduct the cost from the final bill.

kazwookie

I'd also be getting a copy of his public liability insurance as well.

Point it out to him when he calls to night, and ask when it can be fixed. Give him what you think is reasonable in days to fix it, if not deduct it off his final bill, he may not be aware of the damage his worker has caused, he may even have sent in subbies, and they are not his men anyway!!.

I would also follow this up in a letter to him.

keystone

geri1965 wrote: »

He probably needs the money for materials - if you withhold some of it, he may not start the job.

I would pay him what was agreed, tell him you will price up the cost of a new drain cover and he can either pay you separately for that or deduct the cost from the final bill.

Agreed or he just sorts it out of his own pocket.

Cheers

keystone

kazwookie wrote: »

I'd also be getting a copy of his public liability insurance as well.

Why? His PL insurance is for his protection not the OPs. If the drain cover cost is less than his excess it serves him no use whatsoever to claim against his insurance. He is responsible for the damage and the cost of consequent remedial works. How he funds it is totally down to him. OP - jusy make sure that any "extras" from now on are fully agreed as to spec and cost BEFORE they are implemented just in case one creeps in that just magically matches the cover replacement cost.

Cheers

SuziQ

Be aware that he may deny liability by saying there is no proof the drain cover wasn't broken before they started work Call me cynical, but I have had a dreadful experience with a builder that ended up in court and cost us many thousands of pounds-it would have been cheaper for us to have swallowed the initial problem than to try and rectify it, in retrospect (and btw, in our case the builder started the court case, not us, as we withheld some money to try to force him to put in the insulation layer that the council found he had omitted.)

money_makes_me_very_happy

kazwookie wrote: »

I'd also be getting a copy of his public liability insurance as well.

Point it out to him when he calls to night, and ask when it can be fixed. Give him what you think is reasonable in days to fix it, if not deduct it off his final bill, he may not be aware of the damage his worker has caused, he may even have sent in subbies, and they are not his men anyway!!.

I would also follow this up in a letter to him.

dont most tradesman buy their materials on credit?

keystone

money_makes_me_very_happy wrote: »

dont most tradesman buy their materials on credit?

Think you may have quoted the wrong post and in any event whats your question got to do with it?

Cheers

MaggieBaking

keystone wrote: »

Think you may have quoted the wrong post and in any event whats your question got to do with it?

Cheers

I got the impression from the OP that her problem isn't really the cost of the manhole cover but a series of things on the first day that are making her feel unsettled about paying 50% upfront.

The other poster, I think, is saying that the builder doesn't pay for his materials immediately and therefore he doesn't need such a large amount upfront.


To the OP - I think that at the start of every job will be "unsmooth" till they get into the rhythm. If you're having building work on your property it's not a real surprise that damage happens. It may look untidy without a skip but it's not a problem unless the job finishes and they drive off leaving the rubble behind!

Keep going as you agreed with the builder, but make sure you're regularly about on site, checking over all the work and making sure you understand, and are happy with everything they are doing.

marlasinger

Thanks for the replies. We paid him the 50% agreed, and he said he would replace the manhole cover the following day (yesterday), which hasn't happened.

He had also said that he applied for the skip license last week, but today my husband had a go at him about the rubble, and he replied that he didn't know what was happening with the skip. Then lo and behold, 2 hours later the skip shows up.

I just don't know if we were being unreasonable in demanding a skip (which was stated on the quote) to clear the rubble which was sitting on our front patio. He rang me, and made me feel like we were in the wrong and that we were being odd and difficult, and that as he had mentioned that he had applied for the license last week he couldn't understand why OH was having a pop. Is it wrong to expect things to happen on time? Both husband and I feel like such amateurs and it has really put us off any sort of work around the house (which is a shame because loads needs doing :mad:).

It has me worried about the rest of the job now. I don't really want to fall out with the builder, and just want the job finished. Ugh.

Please tell me I'm not the only one who finds these renovations etc., so stressful.

baldelectrician

What research did you do on the builder?

Most builders are ok, but it doesn't harm looking at his details
Do a search for his company name, mobile number, address- this will throw up any concerns