Threat to take away fence

Gabriel2k

Hi all, recently bought a new build house, contract all exchanged etc.

We had the builder put in a new fence for an extra cost, they said they would invoice separately. When we arrived to collect the keys there were several large scale snag/defect items i.e. drive was not tarmacked and the garage which was meant to have an automatic door did not have one.

At this time the builder asked for his extra money, our solicitor advised us to withhold the money as a retention on the outstanding work to be carried out which is what we did.

A couple of days later he arrived unannounced late at night demanding the money, I explained again that I was happy to pay him once the outstanding issues were resolved and that this was advice from my solicitor. He ranted a bit but then left.

I have now provided him with a snag list and walked him round the house and he has agreed with all of my snag items, some of which should have been caught by building control, he then said as soon as he received the extra money he would get on with the work. I replied that once the work was complete I would be happy to give him the money, my issue being I do not trust him at all due to the build being over 3 months late despite constant assurances that it would be completed and previous attempts to bully me.

I have just received an email stating that unless he receives his outstanding money then he will come and remove the fence, no mention of carrying out snag works.

Is he entitled to come onto my property and take away the fence?

I am more than happy to pay him, I just want to ensure he carries out the rest of the work.

Thank you in advance for any advice.

phill99

No he can't do that. Once it's installed he can't remove it. It will become an act of criminal damage if he does, so just call the police.

wifeforlife

IMHO the snag list and fence are separate issues and not part of the original contract.

If he has built the fence then you really should pay him as that was a separate agreement.

keystone

cathy2702 wrote: »

IMHO the snag list and fence are separate issues

Agreed

and not part of the original contract.

I would say that the snagging list IS part of the original contract. The fence could be part of the original contrat if the work was contracted as a variation to the original contract rather than as a separate contract.

If he has built the fence then you really should pay him as that was a separate agreement.

Indeed so if it was a separate agreement from the main contract.

OP - what are the terms of the contract as regards:

1. Payment.
2. Retentions
3. Defects Liability Period
4. Variations and payment for those variations.
5. Transfer of Title of materials
6. Arbitration in event of dispute

The answer to your question lies in those contract terms. Don't bother posting them here they need to be read as part of the overall contract.

You and the builder need to have a friendly discussion around the table with the contract in front of you. Otherwise (and is already heading in that direction) it becomes a pointless d..k measuring contest. One or both of you will probably need to compromise.

Cheers

budgetdiyer

phill99 wrote: »

No he can't do that. Once it's installed he can't remove it. It will become an act of criminal damage if he does, so just call the police.

Technically he can (although there would be the question of tresspass! Until he recieves payment he owns the materials that the fence is built with.

Maybe a compromise could be sought ie, he attends to the first batch of the snags and you pay half the amount due etc etc.