Although in the industry, I wanted to throw out two queries with relation to building contracts.
An extension is being built at the moment. Contactor is appointed, contracts signed, price agreed. the job is nearly finished and two issues have arisen though, allowing these queries to arise.
The first is, there are variations on the project. Is the term variation and extras the same? (This makes sense if you read the next part!)
The second item is: The builder has now finished the project. The client requested that additional works be done (during the project), one of which is the placing of some cables in the floor for some underfloor heating. The system worked prior to the laying of the floor finish, and now does not. There is either a product fault or damage to the cables. We would assume that this was a variation under the current contract, with variations being covered in the contract, but the builder is stating that it was an extra and nothing to do with the contract. He is looking to be paid to lift the floor, fix the problem and re-fit the floor, whereas I would have suspected that as it was part of the contract, or a variation to the contract that he is liable for this and to deal with this.
Thanks in advance
An extension is being built at the moment. Contactor is appointed, contracts signed, price agreed. the job is nearly finished and two issues have arisen though, allowing these queries to arise.
The first is, there are variations on the project. Is the term variation and extras the same? (This makes sense if you read the next part!)
The second item is: The builder has now finished the project. The client requested that additional works be done (during the project), one of which is the placing of some cables in the floor for some underfloor heating. The system worked prior to the laying of the floor finish, and now does not. There is either a product fault or damage to the cables. We would assume that this was a variation under the current contract, with variations being covered in the contract, but the builder is stating that it was an extra and nothing to do with the contract. He is looking to be paid to lift the floor, fix the problem and re-fit the floor, whereas I would have suspected that as it was part of the contract, or a variation to the contract that he is liable for this and to deal with this.
Thanks in advance