Withholding payment for incomplete job

snowwhite398

We've had a large double storey extension done.
It was agreed very early on (but not in the original quote) that our builders would also do the fencing, patio and drainage from the patio in the back garden. This was all supposed to be completed by the start of Sept when we moved back into the property.
Just before starting these 'extras', they started on another job but reassured us this would not impact our work.

Since then they have been unresponsive and have done very little on our house for the last three months. The patio, fence and drainage is not yet done and there are various bits of snagging around the house to be completed. They have let us down repeatedly (saying they'll come and do something and then not turning up) and have now said they can't fit in our work until next year. We have therefore decided to engage a third party to finish the work (our original builders are happy with this).

At the moment we are holding back the final payment. This is quite a lot of money (about 13% of total cost). Part of this is because we still don't have building regs sign off on our extension; our builders got behind on arranging building regs visits and haven't got round to doing things building regs have asked for, so we're nervous.

We also may be charged extra by the third party for completing the job and we need to pay someone to finish all the small snagging issues; we plan to deduct these amounts from the final amount owed.

We also feel that we were completely mis-sold by our original builder. It was supposed to be a fully project managed job (they call themselves a 'full project management' company), they said they wouldn't work on another job whilst working on ours and that we'd be moving back into a 'show home'. We don't feel we got what we signed up to. We've paid extra for a premium service but that isn't what we've had. If it was properly project managed we would not be in this position. We've had to spend lots of our own time arranging to get the various bits and pieces completed. However, is this a justifiable reason to hold back money or not pay in full? If so, how can we quantify this?

tacpot12

Rather than falling out with them, try to get them tell your the cost of the work they haven't done - you might ask them to do so on the basis that "you want an idea of whether the other company's charges are reasonable". Then try to agree with them that you will deduct those costs from the outstanding amount to settle the bill providing they arrange for the completion certificate. Pay the outstanding amount when the certificate is received.  

TELLIT01

Perfectly legitimate to withhold a % until all the work is complete.  That is to say all the work on the original quotation.  There is no justification for withholding payment from the original job until the added work is done.

Risteard

snowwhite398 said:

doing things building regs have asked for

Building Control. Building Regulations are a document.