Difficult builder and delayed work

GoldenCrunch

Hi all,

Firstly my apologies if I post this in the incorrect part of this forum. We are currently having some building work being completed for us, a small extension, a garage conversion and a patio works within the same quote. The works started on March 6th and everything was pretty good until the brickwork was completed..... 

We then hit Covid-19 and things rightly slowed down. We have since been highly accommodating with delays, material shortages and staff shortages. However, our builder would tell us he is coming using words like “I promise” and “100%” and then let’s us down on the day, or doesn’t reply at all. I even helped the builder find materials from merchants who have been very helpful.

Since then, the building work has progressed very slowly. The builder is using a ‘you’re my friend’ tact with me and we are amicable. He has stormed out of my house shouting at me, he has text me manipulating texts about areas of work he needs to complete and making me feel bad about what I may have asked. He has questioned my ability to ‘Trust’ him. I’ve still remained amicable. 

We have a fixed quote and a set of terms and conditions he sent to us. We sadly didn’t get a JCT contract completed and in hindsight I’d recommend one in all cases. I’d asked him for an extra quote for a double door and he didn’t provide this, cut the opening from single to double and then when I asked him how much it would be two weeks later he told me the opening was £280. On the day of the patio going down, he said that it was an additional £1200 as the original area was smaller and the tiles were more expensive, he hadn’t ordered them from the supplier we recommended in time. He told me that his quote for a new roof on our garage didn’t include felt which was missing so that would be an extra £300. He had his electrician come round and do our first fix electrics at the beginning of April. Yesterday he told me that I needed to buy a fuse board that wasn’t in his original quote as his electrician won’t work on our fuse box, but surely he would have known this when first fix were completed? He quoted for fitting the kitchen which was delivered on Tuesday. On Tuesday he sent me an electrician bill of £2500 for electrical alterations in the existing kitchen and is now getting angry with me for using my own electrician for the kitchen who is charging a third of that.... again, I’m not sure why he didn’t mention that well in advance. He has told me although his quote includes ‘plaster extension and make good old kitchen’ as my new kitchen isn’t like for like (we are moving an oven and dishwasher location, plumbing is minimal and we need a few plugs) the quote only includes plastering the new steel. 

He ripped out our bathroom 2 weeks ago and couldn’t find a plumber to fit a new one so then asked us to find a new bathroom fitter. Our kitchen has no doors as they knocked through but the doors are now not arriving until the end of the month... he has plastered a majority of the extension and put down the screed. He has not been on site all of this week.

My question is whether he can keep landing charges on me by text whenever he feels, on the day or after the work? Do I need to get things like a new fuse box if I’ve never been aware? Should a new kitchen fitting quote include electrics and plastering? Should I pay him for ripping out half of the bathroom and leaving me without one for 2 weeks? 

I understand time of essence but I don’t want to light a fire. What should I do? I know he is on other sites and even doing pro bono work. With a 1 year old in the house and a family, I’m getting really stressed out and upset and feel locked in and manipulated. We still think he is a nice person, but are we being taken advantage of? 

Any consumer rights advice would be really valuable.

Brian

GoldenCrunch

Today he has text me to tell me that I’m not looking out for my family as I’m going against the advice of his electrician. I have had three alternative views and a part P electrical tester who has said it’s fine.

Mistral001

I have not read all of your posts in detail, but many small builders will under estimate the cost of the job when they submit their bid and then half way through the job, when problems arise and they see that at the end of the job they will not have any profit, they will appear to lose interest in the job.  Their loss of interest will result in spending their time on what they regard as the profitable jobs and just fitting the non-profitable  ones in when they can.  Not good customer relations, but they do not see it as win some lose some like many big businesses do.  They want every job to have at least some profit.

Doozergirl

It sounds like you're doing half the project managing yourself anyway.  

Bin him off, use your own people.  This is only going to carry on.  

George_Michael

GoldenCrunch said:

Today he has text me to tell me that I’m not looking out for my family as I’m going against the advice of his electrician. 

What he meant to say was that you're not looking out for him as he won't be getting a kickback from your electrician.

mmorrissey1993

Hi all,
I need some advice regarding a builders construction firm. In short they were paid upfront costs of £30,000 and have been in my house for nearly 4 months, but the work is nowhere near completion. 
The list of work that he was paid for was extensive, including tiling the bathroom and fitting new showers and fittings, building a new banister, decorating 6 rooms in the house, laying new floor throughout, repainting the front of the house, and fitting various new doors. Whilst some of the work has been done, every room is unfinished.

The work began before the Coronavirus pandemic escalated in the UK, and understably had issues getting supplies in the early weeks of the work; all the supplies were purchased around 2 months ago however since then they have been in very rarely and we are still living in a building site. Our frustrations have been mounting and we have been getting angry when he does not show up (his staff might arrive, however they work extremely slow when he is not with them), and we are now being told that he and his staff do not feel comfortable coming back to our house because they feel threatened - this is of course a tactic to not have to come and complete the work. He also informs us that due to this his insurance company have informed him that he is within his rights to pull off the job for this reason. Another reason he is using to not come back is that a toolbox was broken (by myself accidentally - and we replaced it immediately); he claims that this is criminal damage and his insurers say that he is within his rights to pull off the job. My first question is whether this is actually the case? Is he allowed to just walk away with our money without completing the work he has been paid in full for?

Given the severity of the situation now we have escalated this to Checkatrade and written a complaint; which he is now using to blackmail us, saying that unless we remove the review it will help the situation alluding to the fact he might come back. With the uncertainty going on for weeks and months now we have requested our money back, but of course he refuses to. We have no option but to escalate this further and take him to court to recoup some losses and damages.

Would like to know, whether a case such as this is worth taking to court, as there will of course be additional legal fees. Given the trauma that he has put me and my family through we would also like to claim damages for what he has done.

Any advice would be greatly appreciated, as my family and I is falling apart due to the stress and anxiety being caused.

GoldenCrunch

Sorry to hear this - sounds like we are both having similar issues, you’re not in the South East are you? Citizens advice and legal advice has been useful to consider providing Time Of Essence and providing a consequential loss notice. I’d seek legal advice, your home insurance policy may cover you depending on the limits for consumer disputes. Sadly AA legal cover is only £5k. I’ve also been advised that reasonable time is subjective and coronavirus can’t be used as an excuse forever. If the builder has other sites, again that’s not your fault as the contract should be fulfilled.