unhappy with builders finish what can I do?

hogg

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Hi all
Need some advice what best course of action when your not happy with the finish on our extension. 4months after the original completion date, we have just completed a snag list with our architect.

There are lots of little problems which a good DIY person could do.
However we have some major problems the worst being a sloping floor, a badly finished roof (we got independent surveyor report) and 4x folding internal doors which have been hung badly, we pointed all this out weeks ago, so the builder made a 2nd attempt to rectify the problems, I told the builder when he was redoing these jobs if he wasn't able to do the job for whatever reason (as I could see that the lads were struggling to get it right) then leave it and we will get other tradesmen to do it as I didn't want a patch up job, I wanted it done properly.

The architect admitted the finish was very poor. We owe builder about €9k im afraid he will come back and patch up the roof and ask us if we can live with the floors and doors then look for payment. We got a quote to fix roof €3500 the doors €2600, The smaller items estimated €1k.
The floors cant be fixed unless we take up whole downstairs flooring and remove our new kitchen, I cant go through lifting the floors for a 3rd time + the risk of damage to kitchen + the money we have wouldn't cover this so i am being force to live with the sloping floor,

Do I have to let builder try to rectify the roof and doors for the 3rd time?
I know he has a cash flow problem so he cant afford to spend money on doing the job right which involves ripping off whats there and replacing properly.

If I have to "live with the floors" should I be expected to pay the full amount? I mentioned this to Architect and he asked what discount I wanted, I have no idea as I am so unhappy with everything all I want is the job done right.

Any advice on my options?
 
Going by the book you do have to let the builder try to rectify the roof and doors. However if they are still not right you should seek some other remedy. I would suggest having another talk with your architect to see what his solution is. If he is not going to stand up to the builder and look for the job to be done right you might think about seeking legal advice.
 
Its a bit tricky and a lot depends on the engagement of your architect and the builder.
If you engaged the architect to plan and oversee the project then they will have signed off on stages of the project to enable payment. If you have been given an instruction to pay then the understanding is that the work to that point is certified as being to building standards.
The onus here is back to the architect, a scapegoat for shoddy builders, once it is signed off the responsibility is back to the professional, the architect.

This does not allieviate the builders requirement to provide workmanship and materials to the required building regs standards ( quite lax and open to various interpretation depending on your point of view)

There is a requirement in contract law that you notify the builder of the defects and give an opportunity to remedy the faults in a timely and workmanlike fashion. If this is not done, you can notify in writing that you are engaging a different contractor to remedy the faults and you deduct from the retention that you are holding for the defects period.

I hope that you are not another victim of cheap prices leading to cheap work done with corner cutting by 'tradesmen'.

In this case I would expect that you fire your builder, make a claim under his insurance for defective products and service and get a proper construction professional to complete the works under direct supervision of an architect.

Construction is a team effort between engineers, architects and building contractors. Each plays their own important part in delivering a professional end product and service. Yes, it is a costly way to do things, but saves a lot of money and trauma if the work is faulty.

I hope the points are of help.
 
The roof to me is the biggest issue here. Was this problem always apparant or is it one that recently came to light?

If it is a structural issue it should have been spotted by the architect (assuming your architect is also acting as engineer). If he signed off on it the buck stops with him.

I wouldn't go as far as calling the doors problems "cosmetic" but a good chippy should be able to sort them out quickly enough.
 
In this case I would expect that you fire your builder, make a claim under his insurance for defective products and service and get a proper construction professional to complete the works under direct supervision of an architect.

It is important to clarify the difference between supervision and contract administration. Your architect will check that the builder is completing the project
according to the contract. The builder will supervise the on-going works. Your architect will periodically inspect the works, check the quality and deal with the builder regarding any defects and their rectification as set out under the terms of the building contract. What form of contract do you have with your builder?
 
thanks for all the advice
I don't feel very confident with the architect as he was supposed to be overseeing the project, if he was on the ball we wouldn't have a sloping floor, uneven walls or a leak in the roof for the past 4 months! We had to point out to him that we had no air vents in the extension, he seems only interested in getting paid by us. We mentioned to architect that we wanted the builder off the job because of all the problems the architect told us to speak to the builder about it! He recommend the builder to us.Does his cert of compliance mean anything?

The builder has made 2 attempts to fix the floors and doors but we are just going to have to live with the floor sloping as I cant face lifting floors (dig up all the floors downstairs to get the floor right) for a 3rd time. Should I be expected to pay full price for accepting? The doors have been replaced TWICE and are still all uneven, it looks awful so we want to get more experienced chippy in to do it correctly.

I think we have given him enough chances to fix job, we just want him gone at this stage, I came home Friday to find they had smashed our new window! we are now facing into month 7 for a small single story extension!

What happens if/when we find problems in a years time and the builder is no longer in business, is it just tough luck?
Thanks
Hogg
 
Your architect needs to be part of the solution. Start asking him about who provides his professional indemnity insurance to help him start for focus on finding a solution.
 
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