my builder wants compensation for delays

tangowire

I'm renovating my flat (top floor) in an old mansion and my builder (a professional) discovered that the roof was not properly designed and installed. This has been confirmed by the structural engineers. I'm now waiting for the engineersmandated by the building to give the instructions. My builder now says that compensations are required for any day lost on site and ask me to pay a compensation. I disagree with this practice as I'm not responsible and would like to know if there is any standard professional code of practice for builders, my contract with the builderis a standard domestic building contract

keystone

If there is a Delay clause in the contract you have to pay up and look big. The contract should say what is payable due to delays as a pounds per day or part thereof if it does thus limiting your exposure. BTW these things work both ways. If there is no delay clause in the contract then to my mind he can whistle. Can't give any judgement without sight of the contract.

Is there a "time is of the essence" clause as a matter of interest?

Cheers

McKneff

I always feel a bit miffed at this sort of thing.

Yes, a daily compensation, if fair enough but would the builders be sitting around doing absolutely nothing.

Unlikely, they would be off doing another job and earning from that job, hence mitigating their losses.

keystone

McKneff wrote: »

Unlikely, they would be off doing another job and earning from that job, hence mitigating their losses.

Thats not the point. If there is a delay clause then its payable. You can't legislate in one contract for what might happen on another. So what if the builders disappeared off OPs job for a couple of weeks to do another without saying anything and delay completion as a result with time/cost penalty to buyer? Would buyer be entitled to compensation? Well yes if there was a delay clause in the contract? That's why delay clauses must work both ways.

Cheers