advice on building work

nutmegman

ktj wrote: »

The finish date of July 11th. is on the contract.
Also how do I move this thread to the other forum as you suggest?
Cheers ktj.

Hi,

If you can get me a copy of your contract i will let you know where you stand, the best advice given so far is to pay them, this must be done in accordance with the contract as your agreed, this is your principal obligation, therefore, if you dont pay them you leave you self open to lots of issues...even the builder claiming interest on late payments at base rate + x

good luck and let me see the contract

nutmegman

Debt_Free_Chick wrote: »

Which would you prefer - a quality job that's overrun the original schedule?

Or any old job completed on time?

Wrong, the Contractor has a legal obligation to complete the works to the specification as prescribed withint the contract.

Time is a differant issue, regardless of how quick or long the job the quality must be the same.

nutmegman

poppysarah wrote: »

Does your contract specify any comeback if they are over the target date? It probably doesn't so they have no incentive to get it done quickly.

One of the problems here is that you are a domestic client of the building, while this does give you a lot more legal protection that business to business transactions it can somewhat limit your recourse due to events as detailed in the OP. Assuming you have no automatic right within the contract to claim damages for delay your options are limited.

Remember to always pay the builder as per your original agreement, even if he is late he has completed the work and is due the money, if you delay payment he can stop work and even claim an extension of time and more money due to a longer duration of the works.

Have you kept a detailed log of all events? If not do it from now!

Options: (subject to checking the wording of the contract!!!!!!)

1, You do have a legal right to claim damages from the builder for delays, however, you must prove your actual cost (loss) items such as stress wife being upset don’t count. I suspect you will find it difficult to prove an actual financial loss from his delay. If you do have a loss this maybe an option.

2, You can give him formal notice to do x by x date and if this fails you can give him further notice to terminate the contract, this is risky and depends on the words within the contract. If this option works you can claim all your expenses in finding a new builder and the cost of completing the works. All you would have to pay the building is the cost of works done to date. (there is a risk of the builder going bankrupt if he cannot pay.


This is why selection of the builder is so so so important as is ensuring the contract terms are put in place correctly, if in doubt please ask

chappers

poppysarah wrote: »

You need to make sure you pay them as agreed - but ensure you are keeping enough left for sorting out the snagging at the end. £5k would ensure the work gets finished to your satisfaction including getting all appropriate building control certificates.

A retainer should have already been specified in the contract, you can't just decide you are going to instigate one now, if there is no clause for aretainer in the contract then you must pay them on completion of the works.

poppysarah wrote:

Does your contract specify any comeback if they are over the target date? It probably doesn't so they have no incentive to get it done quickly.

Apart from getting paid, as i said before explain to them that if they don't reach the next staged payment by the time you go on holiday then they will have to wait until you get back.

What sort of a contract do you have with your builder, because as nugmegman says most contracts will allow for enforcement of tasks when works start to overrun and other enforcements when builders have not been on site.
As he already said these sort of things should have been tied up before works commenced.

nutmegman

bump.................