JCT Contract cancellation- Help

keystone

teneighty wrote: »

Most contracts are drafted to protect both parties......................

All contracts should be drafted to protect both parties IMO. Otherwise I agree with your post 100%. If OP does try to go down the route they suggest they leave themselves wide open to counterclaims of changes to spec and additional work by the purchaser led to unavoidable delays and potentially an accusation of deliberately frustrating the contract to avoid payment. Whether the latter would hold water is irrelevant. It would be sufficient to muddy the waters even if immediately withdrawn.

Can OP put their hand on their heart and say without equivocation that there were no additional works agreed / required albeit there was no negotiation of the time allowed for completion?

Cheers

madjay

You can not be in breach of contract do to the completion date has past. If the job has overrun you are not lible for all the costs exccept if it unforseen work or variation to the contract issued by yourself. You will have to give you builder reasonable time to complete the job be for you can issue a notice.

I would also agree a £1000/week LAD clause is virtually unenforceable, you will have to prove you have lost out financially due to not completing on time before you claim the money back. That is a hard one in this case

The best advise I could give is to talk to your builder and agree a revised progamme to finish the work.