Reply to: Building issues

[LondonManc]

Have you considered the possibility that the builders don't find your wife attractive?

Never thought they would. HTHBIDIYFP.

[vetran]

I don't think he's putting up a tent.

he might be choking them

[WTFH]

Get some Poles in. Never had a problem with them.

I don't think he's putting up a tent.

[CretinWatcher]

New kitchen extension built, nearly finished. Price fixed, together with staged payments associated with deliverables nut no timescale agreed.

Here's the problem; I reckon there's about £1,500 worth of work left to be completed (triggering their final payment upon building regs sign off). They've not been on site for five weeks (citing bad weather - we're in Manchester, so not unrealistic). Are we within our rights to bin them off and get someone else in because of non-delivery in a reasonable timescale or has the failure to include a delivery schedule scuppered that (we and the builder agreed we'd rather it go in right than go in rushed, so weren't concerned about timeboxing the thing, other than it being sufficiently done for the kitchen company to do their bit)?

We're considering telling them not to bother coming back and simply getting a different builder to quote us for finishing off (or Nick Knowles if it comes to it!)

Neither AndyW's mum nor my accountant will give a toss but hopefully one of you has had a similar experience. Any advice gratefully received.

Get some Poles in. Never had a problem with them.

[vetran]

I have been through something similar – the building of a conservatory, albeit more of a morning room with 2 foot foundations has taken around 3 months. The builder is good, known to the family but has had some pretty significant domestic issues so I have been patient. My patience is being rewarded with a top notch job now that it is back on track and not too far from being done. Maybe just have a chat and be frank?

OLKGQ

https://www.youtube.com/watch?v=_h7nzrVJCJ0

[Wilmslow]

I have been through something similar – the building of a conservatory, albeit more of a morning room with 2 foot foundations has taken around 3 months. The builder is good, known to the family but has had some pretty significant domestic issues so I have been patient. My patience is being rewarded with a top notch job now that it is back on track and not too far from being done. Maybe just have a chat and be frank?

[FatLazyContractor]

Have you considered the possibility that the builders don't find your wife attractive?

[Paddy]

New kitchen extension built, nearly finished. Price fixed, together with staged payments associated with deliverables nut no timescale agreed.

Here's the problem; I reckon there's about £1,500 worth of work left to be completed (triggering their final payment upon building regs sign off). They've not been on site for five weeks (citing bad weather - we're in Manchester, so not unrealistic). Are we within our rights to bin them off and get someone else in because of non-delivery in a reasonable timescale or has the failure to include a delivery schedule scuppered that (we and the builder agreed we'd rather it go in right than go in rushed, so weren't concerned about timeboxing the thing, other than it being sufficiently done for the kitchen company to do their bit)?

We're considering telling them not to bother coming back and simply getting a different builder to quote us for finishing off (or Nick Knowles if it comes to it!)

Neither AndyW's mum nor my accountant will give a toss but hopefully one of you has had a similar experience. Any advice gratefully received.

If you get someone else to complete you will be in breach of contract.

You need to write to them a state that “time is the essence” for the contact. Google it to get sample letters.

State in the letter that if they do not complete by XX date, you may elsewhere and sue them for specific performance. Which will include substantial damages for loss of use etc

[LondonManc]

When we had building works done we held back 20% of the total payment, to be paid only when building regs were signed off and the build entirely completed.

Our project failed building regs and the (dodgy) builder couldn't/wouldn't fix it so we kicked him out and brought in another team. Used the 20% funds that we held back and got the job completed properly.

Normally if you hold back 20% of the payment, the builders will be motivated to finish the job off, especially if you are forced to give them notice to return.

Yep, done that. It's pretty much his profit that we've retained.

[ChimpMaster]

When we had building works done we held back 20% of the total payment, to be paid only when building regs were signed off and the build entirely completed.

Our project failed building regs and the (dodgy) builder couldn't/wouldn't fix it so we kicked him out and brought in another team. Used the 20% funds that we held back and got the job completed properly.

Normally if you hold back 20% of the payment, the builders will be motivated to finish the job off, especially if you are forced to give them notice to return.

[DimPrawn]

Well that is a load of bollocks, you don't have any friends let alone "chums"

Well spotted.

[I just need to test it]

Getting a replacement builder smacks of a grand gesture that would more than likely cost you dear in terms of either money, stress or both (Plus time of course, because what builder worth his salt is going to be scratching around for work at this time of year?).

[Support Monkey]

just a side note but I think due to the constant property Porn on the telly people get a strange idea of how the building game works.

When they show it on the telly all the trades appear to be onsite together and everything gets done straight away, this is very rarely the case unless your employing a large building company to run the entire job, where your getting a builder who uses sub contractors in for the different parts your juggling all their time, and they in turn are juggling multiple jobs, this is when timescales slip.

[Halo Jones]

There is a difference in Domestic & Commercial construction.

Commercial is driven by the economy at large & is the first sector to suffer in any bad times.

Domestic is based on people spending money – this tends to react slower as people have likely arranged finances to fund projects

[LondonManc]

Well first up what does the contract say? (you do have a contract don’t you?)

Normally you would need to issue a 7 day notice.

Giving them notice that the works need to commence by X date (normally 7 days) or they are in breach of contract – as you don’t have an agreed programme this could be difficult, but most contracts will have a “works to progress in a regular and maintained sequence” clause you can cite.

If the works are not completed by X then you will contract A N Other to complete the works & the costs shall be contra charged against the Builder

Be warned this could invalidate any warranty you have

If the weather has legitimately held them up again look at the relevant clause – it will define what is deemed adverse weather & if they can legitimately claim an EOT (Extension of Time)

If you do have a contact what form is it? (ie JCT Minor Works) if you don’t have a contract what are his T&C’s as that is what you have agreed to.

Thanks everyone; this bit has made my mind up. The work that they've done so far has been very good. I'd highly recommend them as long as you can keep them on site!