Builder Blackmailing more money

System

The dispute resolution should be fully detailed in the contract, if the contractor has signed up to a contract sum with things detailed and specified then they need to honour the contract. If there's variations Jct contracts are pretty robust in dealing with them too - have you employed the architect as contract administrator?
Which specific contract has been used minor works?

Clive_Woody

So this is the top builder in the South East but they do not use contracts for their work (or do they as that seems to keep changing). Do builders have league tables or how do you figure out they are top (don't tell me that's what they told you)?

It sounds like the architect drew up a contract but it is not clear if the builder ever agreed to this/signed it/or is paying any attention to it. Is the builder actually following the architects plans or pretty much doing as they please?

You recently mentioned items being listed on a variation invoice, but a while ago said there was no breakdown of what caused the additional costs.

I don't mean to be rude, but if your communication with the builders is as confusing as your posts on here then I am not too surprised at that the all round frustration.

You need a meeting with your architect, builder, PMs (all in the same room) to figure out what on earth is going on and how you move forward.

baldelectrician

One slight point in your favour
They can not remove items once they are fitted- depsite what is written in a contract.

Once an item is installed to a house it becomes part of the house and the clients property, things can only be removed by a court order.

Take lots of photos and make sure things are detailed.

shdmummy

I am sorry if I was not precise about details. I can lengths on writing the issues. But besides asking for advice I am also trying to resolve it via mediation and also trying to find a new builder to make my property safe for my kids to move in. I can totally understand your frustration on reading different versions of the story. I will start again.

We choose a builder after five of my friends recommeded them to us. We agreed on a price and signed the contract. The architect acted as PM and got a JCT contract in place. The builders started making mistakes 6th weeks onwards. They changed hand made clay tiles to concrete tiles. When we raised objections they said they will walk off the site if asked to correct it. Then they tried convincing us to buy UPVC windows as opposed to aluminium written in the contract. The final blow came when they asked for a £10,000 variation price from us. On questioning, details on variations they made up numbers and they couldn't explain it to us. Then they started pointing out that architect had made mistakes on drawings, again which they couldn't justify, hence again made up numbers. The price which was £10,000 on friday became £25,000 on Monday and then £35,000 on Wednesday. During all these days my husband kept apologising for our "abusive" behaviour towards them (wish I had a 3rd person to see what was happening or recoreded their threatening behaviour). Even before any solution to problem, they came on the Monday and took away their tools and our things which they had installed. Since last week I have spoken to dozen lawyers and dozen builders. Lawyers say we cannot challenge them on "contract" being in place. Builders say they will charge us extra as it is a unfinished building site.

I hope my situation is more clear now. I am not an architect or a lawyer. I don't understand JCT contract and neither do I understand law. I assumed that if two people sign a contract but don't finish the work accordingly, it is supposed to be called broken. I sign contract at work and we follow every instruction on it. Why is it different for Builders?

I have a 2 years old and a 9 year old. Tell me how am I supposed to live? Where do I live? These builders had no shame doing this to a family who has already put everything they had in this build.

VfM4meplse

OP, I really feel for you. I'd be as stressed as hell under those circumstances.

Do not allow yourself to be bullied by the builders. But before you do that, make sure you and your OH are on the same page because it sounds to me like these builders are exploiting any perceived disagreements between the two of you. That includes not apologising for each other.

Is there anyone higher up in the organisation you can speak to? Its sounds like things have just accumulated over time, but you need the goodwill of the builder to get them back in and comleting the work to the original spec. Is the builder a FMB member, btw?

Please PM me the details of the builder as I am genuinely interested.

Furts

shdmummy wrote: »

I am sorry if I was not precise about details. I can lengths on writing the issues. But besides asking for advice I am also trying to resolve it via mediation and also trying to find a new builder to make my property safe for my kids to move in. I can totally understand your frustration on reading different versions of the story. I will start again.

We choose a builder after five of my friends recommeded them to us. We agreed on a price and signed the contract. The architect acted as PM and got a JCT contract in place. The builders started making mistakes 6th weeks onwards. They changed hand made clay tiles to concrete tiles. When we raised objections they said they will walk off the site if asked to correct it. Then they tried convincing us to buy UPVC windows as opposed to aluminium written in the contract. The final blow came when they asked for a £10,000 variation price from us. On questioning, details on variations they made up numbers and they couldn't explain it to us. Then they started pointing out that architect had made mistakes on drawings, again which they couldn't justify, hence again made up numbers. The price which was £10,000 on friday became £25,000 on Monday and then £35,000 on Wednesday. During all these days my husband kept apologising for our "abusive" behaviour towards them (wish I had a 3rd person to see what was happening or recoreded their threatening behaviour). Even before any solution to problem, they came on the Monday and took away their tools and our things which they had installed. Since last week I have spoken to dozen lawyers and dozen builders. Lawyers say we cannot challenge them on "contract" being in place. Builders say they will charge us extra as it is a unfinished building site.

I hope my situation is more clear now. I am not an architect or a lawyer. I don't understand JCT contract and neither do I understand law. I assumed that if two people sign a contract but don't finish the work accordingly, it is supposed to be called broken. I sign contract at work and we follow every instruction on it. Why is it different for Builders?

I have a 2 years old and a 9 year old. Tell me how am I supposed to live? Where do I live? These builders had no shame doing this to a family who has already put everything they had in this build.

It is not "different" for builders. It appears you have engaged outright rogues, and rogues do not follow contracts. As it was your choice of builder it is difficult to expect too much of your architect. (This architect may have been your Project Manager but none of us Forum posters know exactly what terms were agreed here)

I have overseen work where where the client has taken on dodgy builders - it is never going to have a satisfactory solution.

Your JCT contract has, probably, got Adjudication, or similar in it. But check the contract was put in place. Then consider any quasi legal action will have a cost, then consider if any judgement can be enforced. Ultimately I think all this is a lost cause.

Builders can make mistakes - they are human. Your saga of rising costs over one weekend, and subsequent apologies, suggests the builder did not make genuine mistakes, but instead are fraudsters. Fraudsters are unlikely to honour any JCT judgement.

I believe you will have to keep your roof tiles and windows even though they are not what you expected. The brutal concern is these are likely to be poorly fixed, and likely to give future problems - fraudsters do not worry about correct fixing.

Any builder taking on your work will be highly reluctant, and charge an understandable premium for doing so. There are huge potential risks to them in getting involved.

None of this is upbeat news, but you have posted about professional help coming your way to sift through everything.

If you wish to give your location then Forum posters may be available to help. Likewise you are welcome to contact me if you feel this will be helpful.

shdmummy

Furts,
yes they are rogue builders. When my husband showed all the pictures to the managing director of the company then even he was taken aback. Clearly he is not been told the whole story. However, despite seeing everything he has not offered to finish the work. Clearly, he is dishonest as well as rest of them.

A new builder charging a little premium is Ok as we accounted for that. However, some are clearly taking advantage of the situation. If I had millions of pound then my first builder would have been paid whatever he was asking for. I clearly don't have this kind of money to pay.

We are based in Bromley.

Furts

shdmummy wrote: »

Furts,
yes they are rogue builders. When my husband showed all the pictures to the managing director of the company then even he was taken aback. Clearly he is not been told the whole story. However, despite seeing everything he has not offered to finish the work. Clearly, he is dishonest as well as rest of them.

A new builder charging a little premium is Ok as we accounted for that. However, some are clearly taking advantage of the situation. If I had millions of pound then my first builder would have been paid whatever he was asking for. I clearly don't have this kind of money to pay.

We are based in Bromley.

I wish you well and if you want to bounce ideas, or brain storm, you are welcome to send a pm to me. However, Bromley is a long journey!

shdmummy

Just to update you all that these Rogue traders had not even called Building control to survey the property. I arranged the first visit on foundation and since then I was told by their PM that building control has been coming regularly. When we called the council and checked it seems like they are not even informed after their initial visit which i paid for. Isn't it builders thing to call building control after every step?

Furts

shdmummy wrote: »

Just to update you all that these Rogue traders had not even called Building control to survey the property. I arranged the first visit on foundation and since then I was told by their PM that building control has been coming regularly. When we called the council and checked it seems like they are not even informed after their initial visit which i paid for. Isn't it builders thing to call building control after every step?

It is your role to call in the Inspector, which is what you say you did for the first inspection.

Whilst your builders are rogues you may have created the situation with inspections. Unless you clearly agreed that all inspections there after were to be arranged by the builders then they can turn round and say this was all your fault.

In mitigation if the PM has been not telling the truth here then there is little you can do now. However bear in mind a fundamental rule on any household building works. The consumer should always be present when the Inspector calls. That way you know the inspection has taken place, you can ask questions, you can make sure any remedial work gets done, and you can build up a rapport with the Inspector. Offering tea, coffee and biscuits is also a good idea!