Builder carried out extra work and wants paid

notyetretired

We co-proprietors had major roofing work done recently and hired a surveyor firm to oversee the project at 10% of the final bill. The project ran smoothly but the final account went over the original quote, the main reason being that the roofing contractor did not read the written instruction to put in cement skews and put in lead watergates instead. The surveyors also missed an email requesting clarification.

However, in the final acount they both agreed to allow the cost in spite of stating that the contractor "undertook these works at risk and without instruction" because we have "benefitted from added value of whole life costs" for the roof.

The co-proprietors are thinking of refusing to pay the whole contractor's invoice, subtracting the £2000+ and substituting the £250 that was in the written instruction for the cement skews, and also refusing to pay the surveyor's extra 10% that they are claiming on the extra £2000.

I would like to know what might happen next if we do this, particularly as I am the contact for the co-proprietors! There is a rectification period of 12 months on the job, so it is not really in our interest to fall out with everyone.

I would be very grateful for any comments, or pointers about where to get advice.

Many thanks

bod1467

Is this a domestic (consumer) property or a business property?

Were you liaising for the co-proprietors as a friend or as a business arrangement?

Did you engage the surveyor? Did you or the surveyor engage the contractor?

(I'm basically trying to ascertain whether this was a consumer contract or a business contract. If it was a business contract then the T&Cs of the contract govern what can and can't be done; if a consumer contract then consumer protection legislation comes into play, and would supersede any T&Cs that try to contract out any statutory rights).

The complexity of this situation suggests you should see a solicitor, perhaps one that will give a free 1/2 hour consultation or one you could engage via legal protection cover on home insurance for example.

notyetretired

Thanks very much. It is complicated indeed and your advice is helpful. We are an Owners' Association (as per the Tenements Scotland Act) and instructed the surveyor firm to act on our behalf. According to someone in Citizens Advice just now, that puts us under a business contract not consumer rights.

They suggested contacting Trading Standards so that is my next call, but legal advice might be necessary as you suggest.

WTFH

notyetretired wrote: »

We ... hired a surveyor firm to oversee the project at 10% of the final bill. ... The surveyors also missed an email requesting clarification.

The surveyors are responsible for it, not the builder.
1. They were project managing it
2. They "missed" an email requesting clarification.

If they had been doing their job, they would have known about the issue by being in contact with the builder regularly.
If they had been doing their job, they would have responded to the email.

bod1467

I agree entirely. The complication is that this looks like a business arrangement, so the T&Cs of the contract between the Owners' Association and the Surveyors are what matters ... do these cover this scenario in any way? (e.g. do they include any performance clause, or penalty clause? Do they assign liability in any way?)

notyetretired

Ah OK, in that case I have been looking at this from the wrong angle, ie the contractor's liability. Their T&Cs seem very vague though.

The surveyors say that the final account is always a process of negotiation and that the builder was asking £4000 more (which is laid out fully in the accounts though some of that was due to work in the written instruction that never actually happened) and they negotiated it down, so we should be grateful that it is only a £2000 overspend, and thoroughly advise against any non-paying of the contractor.

But as they are our "middle men" and are happy that the negotiations are correct, that's it from their point of view.

Bantex_2

If you gave the surveyors authority to make such decisions, then that is it.

notyetretired

Well the point is that we gave the surveyors authority to oversee their written instructions to the contractor. They ended up agreeing extra work that was done by the contractor "without instruction" and are now asking us to pay for the upgrade, which seems a bit off.

If we had been asked if we wanted to upgrade that spec we would have said no because our budget was very stretched.

WTFH

Have you paid the surveyors their full amount (apart from the current £200 argument)?
If you haven't then you've got a bit or bargaining power. If you've already paid them, then you've got very little to bargain with.

notyetretired

Got a few hundred left to pay them so not much...