Builder not paid

Builderfromhell

I'm a builder in dispute with a client over a final payment for building work which has been completed.
I will not go into details here as it may be against Forum rules.
My queries are;
How long, typically, would it take for such a case to be resolved. Presuming we start with a solicitor's letter and eventually go to court?
Who, typically, pays legal fees in such a case?

nuac

1. was there a building contract providing for an engineer or architect to be appointed to supervise the work and issue certificates for payment?

2. If not see will the client agree to the appointment of an independent engineer/architect/quantity surveyor to price what has been done and certify for payment.

If 1 and 2 not possible, I know few lawyers who would be enthusiastic about embarking on litigation or arbitration over a building contract. Sorry but it would take too long to outline the various options and possible developments.

Do a memo setting out all the details attaching all relevant documents and ask your solicitor to advise further.

Good luck

dermot_sheehan

If it's the standard RIAI contract then have architect's certs been issued?

If an architect issues a cert under this contract then the sum from the employer becomes due and owing as a liquidated sum and can be recovered through summary proceedings in court. This turns a court case which may last months/years into one that lasts weeks.

dats_right

gabhain7 wrote: »

If it's the standard RIAI contract then have architect's certs been issued?

If an architect issues a cert under this contract then the sum from the employer becomes due and owing as a liquidated sum and can be recovered through summary proceedings in court. This turns a court case which may last months/years into one that lasts weeks.

All of this is of course true, but these 'simple' building debt collection cases never cease to amaze me at how quickly they can escalate into quite a complicated full blown litigation case, with long and detailed defences and countercliams, with multiple expert witnesses and reports on either side. These types of cases are the worst type of disputes IMO, as the amount of work relative to fees is very often very poor.

Builderfromhell

Thanks for the advice.

There is a contract which was drawn up by myself. This is a standard contract which I use on all projects. It has been signed by myself and the client.

Surprisingly, no Architect or Engineer was appointed to oversee or certify stage payments. The stage payments were agreed in the contract and were paid at different stages except for the final payment and payment for extras.

I was surprised that the lending institution did not require a professional to certify stage payments.

I can see how if it went to court it would be a complicated case and all kinds of reports would need to be prepared to back up arguments.

As these reports and legal fees mount up, I wonder who ultimately pays them. Your advice and comments much appreciated.

nuac

I agree with Dats Right. Have found building contract cases very time consuming with large amounts of documentation and lots of expensive expert witnesses.

One of a few casss I recall working out OK was where an arbitrator called up the two Quantity Surveyors together to go through list of disputed items, asking each to say why claimed or disputed, and if he decided to allow it, the rate and quantity. Cleared what an eminent senior said would last three days in one day,

As to the poster's queries. The case will be expensive to run. If succesful you may get some of your costs back from other party by court or arbitrators order. If not you may end up paying other sides costs.

Engineers etc who are prepared to do reports and attend as witnesses in these cases do not come cheap.

Victor

Seriously consider conciliation or arbitration. http://www.arbitration.ie/Arbitration/index.html

Clients and builders often make bad witnesses and bad decisions. Presenting your case or having someone present your case for you, without the emotion* and letting someone else decide is useful.

I've been on all 3 sides and its amazing the stuff you hear, including an architect accusing the builder of "extortion"ate prices - the client had been arrested for possession of a shotgun after a domestic.


* Clients get emotional because its their home and their hard earned money. Builders get emotional because its their hard earned money and maybe a few fibs.