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If A Building Contractor Stopped Half Way Through

  • 01-07-2010 5:52pm
    #1
    Registered Users, Registered Users 2 Posts: 6,411 ✭✭✭


    What would be the position if a builder stopped half way through doing a job and then wasn't able to be contacted over number of weeks ?


Comments

  • Registered Users, Registered Users 2 Posts: 4,076 ✭✭✭gman2k


    Is there a standard form of contract with this contractor? I would check this first.
    Is there a supervising construction professional administering the contract - such as an Architect?
    Have you written (by way of registered letter) to the contractor at the last known address outlining the concerns over his conduct?


  • Registered Users, Registered Users 2 Posts: 6,411 ✭✭✭jonski


    Working to stay within the guide lines of the forum.

    Just say a verbal arrangement was made to build a fairly standard attachment with no plans or Architect . Then say , the builder stopped coming . Then say , a person was to make numerous calls over a period of 5 to 6 weeks and didn't receive a single call answered or return call to messages left .

    Hope I have stayed within the charter guide , if not then delete away mods and I will retry .


  • Registered Users, Registered Users 2 Posts: 4,076 ✭✭✭gman2k


    Well now's the time to write (by reg letter) to him and give him notice of your intention to determine the (verbal) contract, outlining your concerns, details of numerous attempts to contact him with no response.


  • Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭Tefral


    have you paid him upfront to undertake the work?

    Do you have some sort of performance bond?

    If i were in your shoes, and i didnt owe the builder any money (and he didnt owe me) id send him a letter stating that if he doesnt make contact within a period of 2 weeks that you will pull out of the contract due to non performance on his point, then when the two weeks are up, send him the letter to say its now terminated. I would also send copies to yourself and leave them unopened...


  • Registered Users, Registered Users 2 Posts: 6,411 ✭✭✭jonski


    cronin_j wrote: »
    have you paid him upfront to undertake the work?

    No
    cronin_j wrote: »
    Do you have some sort of performance bond?.

    No .... not that I have any idea what that is :o
    cronin_j wrote: »
    If i were in your shoes, and i didnt owe the builder any money (and he didnt owe me) id send him a letter stating that if he doesnt make contact within a period of 2 weeks that you will pull out of the contract due to non performance on his point, then when the two weeks are up, send him the letter to say its now terminated. I would also send copies to yourself and leave them unopened...

    I am going to chance going off the reservation here and outline what happened without naming anyone .

    A porch was needed for the front of the house , builder came over , plans were outlined . He called back and plans were detailed and quote was given for the work and agreement was reached . ( weeks later work began ) door and window arrived the following week but the door had no letterbox . It was stated on 3 different occasions the a letterbox was needed and to be fair to the builder he doesn't deny this . So it was agreed that the lettter box would have to be fitted and all this was done without any argument , the last that was heard from the builder was " I will contact the place where the door was made and get back to you tomorrow " . That was 6 weeks ago today . At least 3 calls were made to the builder every week , from different phones , and no response , nothing .


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  • Registered Users, Registered Users 2 Posts: 527 ✭✭✭Spike440


    If no work has been done, then forget about it and start from scratch with a better builder. If the door is still in your possession then you should either send it back or write to the builder and tell him to collect it.

    If work has already been done and is unfinished, and you have sent the letter suggested above (determining the contract) you have no choice but to get someone else to do the work you want, and pursue the original builder for the difference in costs between what he should have done and what you had to do.

    Realistically since you haven't spent anything yet, you're not at any loss.


  • Registered Users, Registered Users 2 Posts: 6,411 ✭✭✭jonski


    Well the job is 3/4's done , the door and window in place .

    I had been thinking along the lines of getting in the Door makers myself and getting the letterbox done to stop my mail being left on the ground . Then getting another builder in to finish the job . Pay the second builder and the cost and fitting the letterbox and what ever is left giving on to the first guy .

    Is that me going to far ?


  • Registered Users, Registered Users 2 Posts: 6,411 ✭✭✭jonski


    Anybody able to suggest just what exactly should be stated/asked in the first letter ?


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Seek legal advice from a solicitor.


  • Registered Users, Registered Users 2 Posts: 6,411 ✭✭✭jonski


    Tom Young wrote: »
    Seek legal advice from a solicitor.

    While I fully understand this statement , I came here because I can't afford to go to a solicitor . I only have the money to do the porch because it was back money owed to me and it came to the exact amount that I was quoted and it was a job that badly needed doing .

    I am trying to get into the citizens advice bureau to see someone from their legal section but I have to wait for an appointment .

    I was hoping to try and get some advice here and where I stand .


    BUT ! ... as a long time member of Boards I understand if I have over stepped the mark in here and always knew I was walking a fine line . I kinda figured I wouldn't have the tact to stay within the guide lines and still get the info I needed .


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