Builder Issues - Best Strategy in Dealing with Outstanding Issues

nxdmsandkaskdjaqd

I would appreciate some thoughts on a situation that I find myself in.

I have had an kitchen extension completed over the last 5 months which is now 90% complete (outstanding issues: repointing of garage door that builder bodged, replastering the ceiling due to poor quality workmanship, walls to be re-filled and redecorated, outside cladding to be installed, skirting boards and kitchen plinths to be fitted, and a number of other minor defects). The estimated build time by the builder was 7 to 11 weeks and we are now in the 20th week. The last communication we had with the builder was on the 10th Nov, where we had a frank conversation regarding the mistakes made on the build (walls had to be taken down due to insufficient damp proof course, windows that have been refitted now 3 times due to not being the right size (builder error), and now ceilings need to be re plastered due to poor quality workmanship, drains encased in footings and gas safety issues, etc). Our final words were for me to send him the list of outstanding issues and he would respond within 3 days, this never happened so we have not heard from him in 3 weeks.

So over the last 3 weeks I have been getting on and finishing some of the work that I can do (wall filling/painting, fitting architrave to door frames, skirting board fitting).

We feel that given it’s been 3 weeks, he has effectively walked from the job, we do still owe him approx £1000 for internal finishing and £2000 for windows and doors. We are however, working with the window company on resolving some issues with the windows and once completed they will go after the builder for payment (we have paid a 50% deposit for the windows which has not been sent to the window company by the builder). Window issues covered in thread: https://forums.moneysavingexpert.com/discussion/5560763

My questions are, what should my best course of action be in dealing with this matter:

• Have I done right by not contacting/chasing the builder for the last 3 weeks (its him that has not responded to the list of outstanding items)?

• Is it wrong of me to complete the work, that I can, that is outstanding?

• All the rework that requires specialist trades (bricky, UPVC cladding, plinth fitting) is it right for me to deduct a sum from any monies due should he invoice for this at a later date?

• Should I be proactive in contacting the builder now, or wait to hear from him?

All I want is to get my life back to some form of normality after some 20 weeks of mess and upheaval. It would of course be nice if all of the remedial work was completed by Christmas.

Many thanks for your thoughts.

thearchitect

I assume there isn't a formal construction contract, as such, for example JCT and likewise that you don't have an architect or surveyor involved.

Prepare a comprehensive, numbered list of the outstanding points. Issue it to the contractor by email and some for of recoded delivery postage, giving him a reasonable time (generally 14 days) from the date of the notice to complete all outstanding works.

If works are not completed within that period, issue a final letter advising him that you will be having others complete operations and deduct any costs so aising from monies due to him. This notice should come with a seven day time limit and must again be sent by some sort of recorded delivery.

Whilst this is going on, seek competitive quotations for the completion of the works from other firms, or sub-contractors as the case may be. That will allow you to move quickly if the original contractor defaults.

Do not pay the window chap directly from money you are due to the current main contractor, unless following default you have them complete their portion of the work.

nxdmsandkaskdjaqd

thearchitect wrote: »

I assume there isn't a formal construction contract, as such, for example JCT and likewise that you don't have an architect or surveyor involved.

We do have a signed document between us and the builder describing the works to be completed, estimated time frame and cost of the build. An architect was involved in preparing the design and building specification. An independent Building Inspector was commissioned to oversee the works and was involved in the issues experienced.

I tried to make sure that I done all the right things, but still got in a mess.

hollydays

To me, it would have made sense to have got a recommendation for a builder from the architect.

thearchitect

The reason I ask about a formal construction contract, as opposed to an exchange of letters, is that the former will typically have a formal mechanism for serving contractual notices. If your letters don't then it will come down to what is reasonable, and my suggested timeline should be suitable.

Your Building Inspector is really just a privatised Building Control Officer; his job is to check for compliance with Regulation, not quality control or contract administration. Of course some of the points you have identified may have been highlighted by the Inspector, which can be helpful.

I think the issue for you is whether you are confident enough to do the comprehensive snagging/outstanding items list yourself, or you feel you need help from an architect or building surveyor.