Builder is delaying finishing large extension, can I cut the contract short?

benawhile

I employed a contractor to construct a front and back 2 story extension and internal alterations to a detached 2 story house, about 20-25 sq m per floor.

Work commenced in July with a completion date 4 months later, and an interim mark of being watertight after two months.

After 2 months we were falling short of targets and work suddenly slowed down, very little has been done since and we are still only about 4/5 of the way to being watertight, this is compounded by continual poor quality roofing work by the contractor himself which has required much rectification on the instruction of local building control.

Unfortunately he did persuade me to pay in advance for all the required work for being watertight, “knock through”, a porch that is not yet commenced, and floor screeds etc 8 weeks ago.

Constant promises that a skilled team of carpenters and roofers would arrive have not been kept and we now want to cancel the contract as work is only progressing erratically at less than 25% of the promised speed.

I have been advised to issue a demand for completion by a reasonable date. My question is how do I decide a date and amount of work to be done by the builder?

I would like to tell him just to complete the work we have paid for within 3 weeks, but is he entitled to insist on a reasonable time to attempt to complete the whole project? This would mean we would have to give him another 2 months plus up to 3 weeks and watch him painstakingly attempt more poor quality work in that time?

tacpot12

No, you can tell him to complete just the work you have paid for, within the reasonable time. What is reasonable depends on a number of factors, but mainly the amount left to do, and the demands of other work. The builder is expected to prioritise your job if you are about to take legal action, but if they have another house they are working on and need a week to get it watertight, it is reasonable to give them that week, before they drop on to finishing your work. (I know it seems unfair that someone else should get a watertight house before you do, but sometimes you have to accept that the builder can't just stop working on one property and start on another). I think a reasonable time to complete the work is 2 weeks + the time the work is expected to take. This should be more than sufficient for the builder to re-plan their work, and complete the job. Clearly you are not going to take action if the job is less than a week away from completion and the builder appears committed to completing it within the week. 

I would hold off telling them that they have lost the other work until the current work is paid for. Let them sue you for any loses due to you not telling them they've lost the rest of the contract until the current work is done. 

bris

The above advice is pretty poor. You are in a contract for the whole project and cutting it short could have legal consequences.

You do have rights though if the contract is not being performed with reasonable skill and in the agreed timeframe.

You can send a "time is of the essence" letter giving them a reasonable time frame to complete the works to a satisfactory skill level or you will hold them in breach of contract. If they fail to complete the works by this time to the building controls satisfaction then you can the hold them in breach and sue for your losses.

Do it legally and if in doubt ask a solicitor or the CAB for advice.

benawhile

Bris, I appreciate your point about the contract being for the whole project, while it seems to me the contractor has breached it already. I am pretty sure that a reasonable time to complete would have to be a minimum of the two months stipulated for all works after watertight, plus at least a couple of weeks to get watertight. I think the guy has made up his mind he is not going to employ any skilled workers and just continue on his own at his current rate of 3-4 days a week depending on his or his wife's medical condition, which is his excuse for not coming full time. He is just prevaricating. Suppose I give a date 2 months and 2 weeks from now, 4th March 2021, do I have to wait until then before I can act, in which time I am certain very little will be done and I will have to keep on intervenng while he does sub standard work, or is there a point before then at which it will be obvious he cannot complete on time where I can seek to end the contract?

benawhile

To follow up

I got in touch with consumer helpline via CAB. They stated that under the Consumer Rights Act I do have grounds for cutting the contract short under certain conditions and they have given me a reference number and a pathway out of this. Grateful to you both for the warnings.

benawhile

Since I posted this last month I issued a demand to complete the work paid for by Jan 22.

This hasmade no difference, the contractor is still working on his own very slowly, and £5,000 worth of windows paid in November have still not been delivered. Another promise to hire tradesmen has not been kept.

I went back to the consumer helpline where this time they picked up that the contractor never issued me the Pre contract Information required under the Consumer Contract Regulations 2013.

They said this meant that the cooling off period was extended for a whole year, and that I was still within it, and could cancel the contract now if I failed to reach any other agreement.

I am prepared to do this, but I am concerned that such a move based on a technicality might be challengeable in court. Does anyone have an opinion about this?

bris

Cooling off period is before work commences, when work commences the cooling off period ends.

Send the time is of the essence letter then take them to court. There really isn't much more you can do, it will have to go to court.

unholyangel

bris said:

Cooling off period is before work commences, when work commences the cooling off period ends.

Send the time is of the essence letter then take them to court. There really isn't much more you can do, it will have to go to court.

No it doesn't. 

The trader can't supply services within the cancellation period, unless the consumer expressly requests they begin before the end of the cancellation period.

If the consumer makes such a request (and if it's an off premises contract, it must be made by durable medium) then they only lose the right to cancel once the service is completed in full. They can still cancel before that, but would be liable to pay for the services provided, proportionate to the whole contract.


But if no such request was made by the consumer or the trader failed to inform them of the required information (either or) then the trader loses the right to charge anything.