Advice about builders, timescale & contracts?

[rghan89]

Hi, I'm writing on behalf of my parents to see what options are available.
I'll try to keep it brief and the details relevant:

We accepted a quotation from the builder for a patio build in the garden.
We were told the work would be completed in 4 weeks, it has now been 5 months.

The first 3 weeks he had showed up, and his work does appear to be of a good standard. Following this time, we've hardly seen him at all. We had agreed on specific banisters to go down to the next level- initially he had brought different ones, significantly smaller than the ones we had agreed.

This is where the delay had started out, the builder said he was waiting for the manufacturer to cut the new ones. This is fair enough as this is out of his hands, but he had left the rest of the garden as a work site! We had no use of the garden. He could have completed all the work apart from the banisters while waiting, instead of leaving my dad to toil in the garden finishing work the builder should have done.

I feel that he's abusing my parents trust and getting as much money out of them as possible by cutting short the work (he hasn't covered the area agreed) and using cheaper parts than agreed.

They have paid the first 2 of 3 instalments, with the remaining money to be paid on completion. I feel he's massively overcharged them for the work done, what are their rights, can we work the price down based on the the amount of work he's actually done? With as little hear-ache as possible?
Any response greatly appreciated!

 

[Bronte]

If they've paid two thirds already and the builder has left it seems the builder has made his money and will not be returning. Your parents made a mistake in paying too much before work was completed. Going to court will be a waste of time. How about 'harrassing' the builder. As long as it's safe to do so.

 

[onq]

I have to agree with Bronte.

A lady who lives near us who employed a contractor.
She paid him a large proportion of this up front for work to her house.
He worked well for IIRC 12-14 weeks then disappeared leaving the work unfinished.

There is a balance to be struck between paying builders what they're due and not getting in the situation the OP describes.
It might be a bit heavy handed to suggest getting a landscape architect to administer a contract, but contract administration is the only way to do this fairly.


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.

 

[onq]

@ rghan89

With regard to the thread title WAS THERE a contract or a building programme (timescale).
You problems seem to stem from a lack of such.

If there was a contract, did it include terms in relation to non-completion or overruns in terms of cost and time?
Did it allow you to withhold any monies?

The embarrassment of a bad referral seems to matter less and less these days.
Its the threat of an additional cost on top of monies withheld that motivate contractors to complete and complete on time.


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand

 

[Patrick2008]

Is this Builder doing any other works in your area or for other people you know? If so, it might do no harm in asking them to withold money from him until he finishes your parents works? Sadly, the only way to get a Builder to complete works is to withold money from him until it is completed, inspected and signed off.

Keep in contact with the Builder and try and get him to finish the works.Otherwise you will just have to pay someone else to finish the works at extra cost. Maybe highlight your concerns in writing to the builder and if you have no luck then tell him either verbally or in writing that you will go to your local radio station, Joe Duffy, Construction Industry Federation (if he is a member), current clients or anyone else you can think of. However, try and resolve your issues with the Builder first and make sure you have all your facts straight.

 

[rghan89]

Hi, thanks for your replies.

ONQ- It turns out what has happened is that we got a quotation for the work done, and "agreed" to it. No contract or signatures from either party so far as I know. Based on the original plan of the work to be done- the builder hasn't completed the same work outlined and has covered a smaller area than on the plan.

As some of you have said, I feel he's just made some money and now doesn't really care about completing the work, though the remainder due to him is still a significant amount.

I don't want to put my parents through the heart-ache of going through the legal system, and want to avoid conflict as much as possible. From experience some builders tend to have thick skins and don't respond well to being threatened by contacting others regarding their work.

My mother had contacted him previously (3 weeks ago) telling him if the work hadn't been completed within the next week she didn't want it completed at all. He turned up the next day for all of 10 minutes, dropped off a load of building equipment, and left! Not to be seen for another 2 weeks...

To be honest, I'm fairly certain the money still owed to him will more than cover someone else to complete the work AND leave my parents left over with some money they he was going to mug them out of... Would it be an option to ask him to leave, and pay someone else his final instalment in order to get the work done?

 

[onq]

I think you need to take professional advice in real life traversing the following issues.

• The Contractor has exceeded the contract term by 400% - an additional 16 weeks as opposed to the original 4 weeks.
• His response to your mothers ultimatum was inadequate.
• Take legal advice as to whether the verbal contact still exists.
• Take legal advice as to whether the original contract terms still bind the parties in relation to the rates to be paid.
• If so, establish cost of the work that has been completed using the implied contract rates.
• Assess this against what has been paid and see where you stand.

Proceed from there.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.