Builder Blackmailing more money

shdmummy

Dear MSE Forum Friends,

We were getting our 4 bed house extended using of the top building company of south east England. They came highly recommended from Friends. They agreed a fixed price contract with us in the beginning of this year. The house was supposed to be partially finished by November 1st week and we were supposed to move back in by end of November after full painting etc done.

The current state is that there are no windows no stairs and no floor anywhere in the house. We have still agreed that if they do first floor we will move in and they can finish downstairs. We have two young children to look after.

Last night they gave us a new bill of £30,000 as "variations". When we asked them what variations we have done they cannot really recall. Certain things agreed verbally and after seeing other houses done by them are now being charged to us which they said was their standard work.

We are sick of these negotiations. We have no money left. We gave all we had. I am literally crying what to do and where to go. They are refusing to honor the contract. They are threatening to pull down features they have put. Also threatening not to finish the house.

I have no clue what to do? I know some of you will think of me in wrong and that I am asking for unreasonable things. If I was asking for unreasonable things then they should be easily be able to point out those "variations" which they haven't been able to. The communication between is either listen to their variation list or no communication at all.

I seriously want to Kill myself for ever thinking about getting this done now.

Thanks for your patience in listening to me.

Tothepoint.

shdmummy wrote: »

Dear MSE Forum Friends,

We were getting our 4 bed house extended using of the top building company of south east England. They came highly recommended from Friends. They agreed a fixed price contract with us in the beginning of this year. The house was supposed to be partially finished by November 1st week and we were supposed to move back in by end of November after full painting etc done.

The current state is that there are no windows no stairs and no floor anywhere in the house. We have still agreed that if they do first floor we will move in and they can finish downstairs. We have two young children to look after.

Last night they gave us a new bill of £30,000 as "variations". When we asked them what variations we have done they cannot really recall. Certain things agreed verbally and after seeing other houses done by them are now being charged to us which they said was their standard work.

We are sick of these negotiations. We have no money left. We gave all we had. I am literally crying what to do and where to go. They are refusing to honor the contract. They are threatening to pull down features they have put. Also threatening not to finish the house.

I have no clue what to do? I know some of you will think of me in wrong and that I am asking for unreasonable things. If I was asking for unreasonable things then they should be easily be able to point out those "variations" which they haven't been able to. The communication between is either listen to their variation list or no communication at all.

I seriously want to Kill myself for ever thinking about getting this done now.

Thanks for your patience in listening to me.

So what was agreed in the fixed price contract?

How much was it?

How much have you paid?

What were the changes you asked for?

What work still needs to be done?

teneighty

If they cannot recall what the variations are how do they know they cost £30,000?

That is pure !!!!!!!! (pardon my French)

Variations happen in any contract but they should be documented and priced each month or when stage payments are made. The builder is obliged to provide full evidence of how the extras were incurred and provide a detailed breakdown of the cost.

Reading OP's previous posts this looks like a car crash of a contract and suspect a fair proportion of the variations are unjustified. The dodgy builders favourite trick, hit the client with loads of spurious extras knowing 9 times out of 10 they will probably just pay up. If the builder does not provide the details you are not obliged to pay....but expect the builder to walk off the site.

Did you have someone like you architect managing the project for you? If so they should be dealing with the variations but if £30,000 suddenly popped up out of the blue they clearly weren't managing very well. If not and based on your previous posts you probably need to employ someone to sort out the contract valuations for you, a Quantity Surveyor or Project Manager etc.

shdmummy

The contract price was quarter of a million and we have paid 79% of it. It was agreed to get all bedrooms done, flooring done, heating done, bathrooms, new windows and new stairs to go. It was agreed verbally that it will be like for like what we had previously. They messed up few bits of work and hence offered something as compensation such change of staircase from timber to oak tred. Now they are charging all those verbal compensation to us. We asked for small things like moving one door to be bigger and a small window top of door which we are happy to pay for and have offered to pay.

All structure is there but no windows or stairs put in yet. they were supposed to come in last week but now they are saying coming Monday. I feel they are blackmailing me just before windows come so that I will pay the extra they are asking.

He just threatened us that he will pull down all fixtures if we don't pay. They were supposed to be the best of the lot. I feel so harassed because of it. Honestly, there is nothing I can do at this stage rather than keep the shell and they walk out of the house. I cannot even move back in my house.

I have no idea what they are trying to do. None of my payments have been held back ever. I naively paid them every single week despite them running behind. I am so STUPID.

teneighty

Actually £30,000 on a £250,000 contract isn't too bad but they still need to provide a full breakdown of the costs.

shdmummy

Teneighty,
yes that's exactly we thought too. They came back this morning to us and said that £30,000 was just to show how much extra we have spent on you. If you can only pay £10,000 extra we will finish all the work but will not do anything outside. So now if I pay £10,000 extra which was kept for contingency and for outside work. I will have a brand new house put dumped outside because they used it to dump all their rubble.

They have made up numbers with no justification. When you go in details of some it they cannot justify why it was not costed in the beginning. So if they messed up with their original budget then we are supposed to pay for extra.

I thought any new charges will be discussed with us before the work will begin as it is fixed price contract. I did not know that just before move in date they will throw this at us. They have kept us on ransom now. If we don't pay they will not finish the work.

Just to let you know I have NO money left. I am complete broke now and hence I cannot pay additional £30,000

southcoastrgi

I'm slightly confused, £250k is a hell of an extension, you said you have paid 79% of the quote which means there should be £52,500 left to pay but you say you are broke & have no money left ?

shdmummy

Southcoastrgi,
yes that money is kept to finish the project. They are asking £52,500 + £30,000. I don't have extra £30,000.

yes it is hell of an extension. we went for the "top" builders thinking they will be best.

thescouselander

Sounds like they've messed you around constantly. I'd stick to the contract if I were you - ask them if they can complete the contract to spec and price or not. If they can't then you'll need to take some legal advice and don't allow them access to the site in the meantime. It sounds like the builder has the advantage though since it doesn't sound like they've done 79% of the work yet you've already paid them this much. You should be paying in arrears.

shdmummy

thescousela,
your words were really encouraging. yes they have messed up with me. I feel very embarrassed accepting that I did not foresee this in advance and kept paying. I need LEGAL HELP. Please tell me how to advance next.

thescouselander

Do you have legal expenses cover on your household insurance? If so I'd suggest giving the helpline a call - check your insurance documents for details.