Is our builder trying to con us?

VfM4meplse

Mistral001 wrote: »

What would you say to them? You are not a customer. They do not have a contract with you. Their scaffolding and skip might be on your property, but if they remove it without receiving instructions from their customer, the builder, they could be held in breach of contract.

Tell the truth: that your builder has not been in contact so you're not sure if they'll be paid for their service.

auldblerk

parking_question_chap wrote: »

Dont pay any more cash advances as it sounds like cash flow problems. They will need to come back to complete as the scaffold and skip are probable costing them per day or week.

How large are the jobs that need doing? If you are happy to pay somebody else to sort you need to give your current builder written notification of this intention and the opportunity to complete the job. I am not sure on the timescales but somebody else might be better placed to advise.

Edit. Above, dont be quick to label people cowboy builders. There are just as many "cowboy customers" who dont pay on time or unjustly withold payments. This causes good builders cash flow problems and therefore can impact on their next jobs and customers.. Small companies do not have tens of thousands of cash reserves and rely on prompt payments.

.. and also rely on reputation, a small company like a builders company needs to build up a good reputation within the area they work in, it's essential and one glitch, a bad report/review etc can destroy a small business

parking_question_chap

VfM4meplse wrote: »

No professional person could get away with the tricks that builders pull, including turning up when they want to and gross unreliability. Who do they account to? Precisely no one but Companies House when they decide to dissolve their company.

Could a dentist get away with acting in the same way?

Never had any problem with those I have employed. Rather ignorant to tarnish everybody in the trade with the same brush due to your own experience.

System

ruperts wrote: »

If he wants the money he'll have to do the work.

I agree. You have very reasonably paid him as the work has progressed, occasionally slightly in advance. Now the work is nearly finished, but the agreement was that you paid the final installment on completion. It is not completed, so don't pay him.


The scaffolding and skips are his problem - he won't want to leave them there for long as they will be costing him money. If he really doesn't remove them then complain to the scaffolding company and tell them to remove their property or you will be billing them for storage and nuisance.

sam_arnold

Thank you or your in put everyone.

[Deleted User]

VfM4meplse wrote: »

Wrong board I'm afraid - Corny? :wave:

That said, I have a huge amount of sympathy with you, your position is incredibly frustrating and stressful but from what you have described is mild compared to the potential for mayhem. There are definitely to many cowboy builders about, who know exactly who they can take advantage of, those that willingly pay up before the job is completed are at the top of the list.

Who's Corny? :rotfl:
Somebody mentioned them on another thread a few days ago ...

MissPickle

sam_arnold wrote: »

We are well educated pensioners but I am beginning to suspect that we are being taken for a ride by a builder playing on our better nature.
Before work was started we researched on line references and went to see work he had carried out nearby.
They did half a days work the first week and then bits at a time (estimate 4-5 days total). Work has still not been completed over eight weeks after starting. The job was originally quoted to take one to two weeks. This has caused problems with neighbours (a separate issue) .
When we queried the delay we were given many excuses that I feel played on our sympathy. Eventually the builder advised that he had split from his partner company but not to worry he would still complete the work.
We agreed to pay in instalments as work progressed. We paid some instalments before they were due. Final payment was due on completion. Last week we paid £1000 advance on the final payment as builder did some work then said he would not be able to return next day to finish without this, cash, payment. He did not return the next day. One of his employees (who told us he has not been paid wages) arrived two days later and worked very hard but did not have time to complete the work. Whilst he was working we received a telephone message from builder asking us to give final payment in cash to their employee. We refused as work had not been completed as per quote. We were told that payment must be made before scaffolding and skips would be removed from site. Again we refused to pay final instalment until work was completed. The quote included cleaning up after work completed and in our opinion outside of property could not be cleaned whilst dusty scaffolding and skip were still in place.
There are still a few jobs to be completed but we feel that the cash we have paid to date is equivalent to the work carried out so far. They have also done damage property which they have not put right.

It is now weekend and our solicitor, CAB, etc. are closed until Monday. I should be grateful for any advice or opinions anyone can offer.

A LOT to take in there. I really should have given that last glass of liebfraumilch a miss.
Still... my interest is piqued & I do like to sink my teeth in to a good thread.
Did I mention my ex was a plumber? Seriously, I could bore you silly.
Anyhow... as educated as you are, turns out you've made a few rookie mistakes. Clearly.
"Final payment was due on completion" but hey, we thought we'd give them a grand of the "final" payment... before it was errrm... final.
He said... then the other one said... then I said... then he said.
Get everything in writing. Make it REALLY simple.
You will do this & if you don't, this is what's gonna happen. Black & white.
Also... scaffolding & skips, cost a bomb. Trust me... they WILL remove it they don't want it sitting on your property forever more.
Next time you'll know.

MissPickle

Also, I would be very wary of taking it further.
How can I put this :think: trades people are getting brave at taking their work back. The laws are changing & becoming very much on the side of the trades persons.
Be very careful.
It isn't worth it.
Is the damage they have done substantial? For you to take this further, it needs to be.
You seem like a nice chap & I can see where this is heading.
Don't do it.
You don't need the stress. Cut your presumed losses & chalk it up to experience.
That's the best advice you are going to get. Hand on heart.

VfM4meplse

MissPickle wrote: »

How can I put this :think: trades people are getting brave at taking their work back. The laws are changing & becoming very much on the side of the trades persons.
Be very careful.

Can you expand?

I've heard of builders threatening to "undo" their work and extract all the materials if they aren't paid the excess they demand. Does this actually happen?

MissPickle

VfM4meplse wrote: »

Can you expand?

I've heard of builders threatening to "undo" their work and extract all the materials if they aren't paid the excess they demand. Does this actually happen?

Oh yes. Big time.
I presume you're not going to ask for proof at 2 o'clock in the morning
Although... I can provide it at a later date. It won't be difficult.
Anyhow, you know me, I wouldn't say it if I didn't mean it. That's not my style.