Builder slow doing attic conversion, need advice

average_runner

Hi All;

So basically we have builder whose work is good but he is very slow. Basically we are in the middle of getting an attic conversion done and some other work.

He has built the gable end wall, install the new roof, windows, the steel and a bit of a floor. This is was all done over a 6 week period.

He told us the rest of the work would take 2 weeks, forward on 2 weeks, not much done and said another 3 weeks. I told him to cover the holes up in the attic with plaster board and come back after xmas.

Now he also promise to have the scaffolding down and drive way cleared by last Friday, still not done.

So i have three questions:
1) How hard is it to get some money back from him, all tracked thru bank accounts and emails, for the work he hasn't done. We still have one last payment to be made I wont make that till everything is done, including certs, vat returns etc.
2) Would another builder finish the work for us
3) Who is it up to get the current work certified, can i get some one or would our architect get some one?

Thanks

DOCARCH

What timescale was agreed at the outset and do you have a contract?

As to Q3, what was agreed at the outset?

Have you an architect on the job and if so, what do they have to say?

average_runner

DOCARCH wrote: »

What timescale was agreed at the outset and do you have a contract?

As to Q3, what was agreed at the outset?

Have you an architect on the job and if so, what do they have to say?

Architect is not project managing the project, he did all the planning permission for us.
The contract we have is thru various email discussions, saying what work will be done for the price etc. No time frame i think in the emails, must check that.

Builder said the price he quoted will cover all the certs etc, that's in the email also

Sorry just read the email and gives start and finish date with the payment schedule, so thats the contract. His work logo on the paper with the contract also

BryanF

So 'your architect' has nothing to do this.. The 'contract' is between you & the builder.

Edit: involving a mediator might be a good idea

average_runner

BryanF wrote: »

So 'your architect' has nothing to do this.. The 'contract' is between you & the builder.

Edit: involving a mediator might be a good idea

I never said the architect was at fault here, he was top class and a great guy.

So who should we get as a mediator?

At this stage i think i want to get some else to do the work.

Two weeks to remove scaffolding is a bit unfair to us.


The contract said the work would start on the 1st of Oct and done the 10th of nov. So we have been patient.

BryanF

If the contract states 10th of November why did you tell him he could finish after xmas? Its now effectively holiday season, and your guy is probably juggling another job or two - this is no excuse but as you suggest get the architect to talk to him.

average_runner

BryanF wrote: »

If the contract states 10th of November why did you tell he could finish after xmas?

Because we have young kids and wanted to enjoy christmas and not have work going on till xmas week.

What else could we do, ruin the kids christmas and ours?

So where do we stand?

Ok i see your response above after you edit it.

Thanks.

BryanF

average_runner wrote: »

So where do we stand?

it sounds like your builder has taken the piss. But we have only gotten one side of the story. By you suggesting he finish after xmas you've effectively accepted an extension of Time. But there are other questions here like why you feel he has been paid more money than owed.. You need to take responsibility for how some of this was let happen.

average_runner

BryanF wrote: »

it sounds like your builder has taken the piss. But we have only gotten one side of the story. By you suggesting he finish after xmas you've effectively accepted an extension of Time. But there are other questions here like why you feel he has been paid more money than owed.. You need to take responsibility for how some of this was let happen.

Yes we are total at fault for paying too much.
I had no choice but to give the extension in time but now he has broken another promise in clearing the drive way by tonight. Its been a kip since he started. He promise it be cleared last week.


But because we have a contract can i claim money back for work not done thru the courts?

Strolling Bones

Ask the architect if he can help is probably your best bet now.

cerastes

average_runner wrote: »

Yes we are total at fault for paying too much.
I had no choice but to give the extension in time but now he has broken another promise in clearing the drive way by tonight. Its been a kip since he started. He promise it be cleared last week.


But because we have a contract can i claim money back for work not done thru the courts?

What size is the property the attic is over? How much are you paying? Im curious as to the costs myself these days, pm if you prefer, assuming if willing to say.
If there was a timeframe did he start deviating from it bit by bit then a lot in one go? (I checked, no timeframe) would the architect not have been able to give a timeframe? Not sure how its possible to get someone to stick to it if they are unwilling, dont think Id have offered more time to finish, might cost more to change to someone else, maybe talk to the builder and let him know you're concerned and would like to determine why work stopped and when and what will be done.

BryanF

average_runner wrote: »

But because we have a contract can i claim money back for work not done thru the courts?

you don't want to go this route, yet. Your 'contract' is the loosest kind, you didn't retain your architect to manage it or use an accepted contract by RIAI or similar countersigned form. Best to try and resolve the matter rather than esculate it. You want the work finished not a court case.

average_runner

BryanF wrote: »

you don't want to go this route, yet. Your 'contract' is the loosest kind, you didn't retain your architect to manage it or use an accepted contract by RIAI or similar countersigned form. Best to try and resolve the matter rather than esculate it. You want the work finished not a court case.

Even though the contract is on an official company form with dates etc all mapped out on it?

BryanF

cerastes wrote: »

If there was a timeframe did he start deviating from it bit by bit then a lot in one go?

or did the client make/request changes?

herein lies the forums problem - there are two sides to every story

BryanF

average_runner wrote: »

Even though the contract is on an official company form with dates etc all mapped out on it?

contractor to judge: 'the client told me to call back after xmas'

Also there are no penalties written into this 'contract' which seems to be an email text outlining the works schedule..

average_runner

BryanF wrote: »

or did the client make/request changes?

herein lies the forums problem - there are two sides to every story

We have made no changes to the plans, everything was agreed on before hand and all on email. We are considering dropping the extra things we said we would get done by him though.

The main delay was the steel, a part of it was not right, which is fair enough, i want it done correctly, but he wouldn't tell us why the delay, i had to drag it out of him. Mistakes will happen and thats ok.

Steel went in 4 weeks ago and all that has been done since are the windows in attic!

His work is top class but messing us about alot

average_runner

BryanF wrote: »

contractor to judge: 'the client told me to call back after xmas'

Also there are no penalties written into this 'contract' which seems to be an email text outlining the works schedule..

But have in an email the drive way would be cleared by tonight and it wont be now, this was agreed on last week.

Thanks for the advice anyhow.

Drift

Honestly OP - A court case benefits no-one.

If you start court proceedings the work will immediately stop and you won't get your attic converted for, most likely, a number of years until the case it heard before a judge.

It will also cost you a lot of time and effort and potentially money if you don't win your costs back. (Actually it'll cost you money anyway - costs don't cover everything.)

And all of this is assuming the case is iron-clad, which (even having heard only one side of the story) I don't think it is.


BryanF's advice is spot on. What is needed is for calm heads to prevail. You need a person trusted by both sides (with knowledge of construction) to act as an intermediary - in an informal way if possible.

bertie 56

" His work is top class " , according to you.

So, be patient, ( I know it might not be easy ), but in a couple of years, you'll surely forgot how long it took.

You won't forgot if the job done is sh.te !

So, patience, don't push your man. He is doing a good job, that is the main thing !

( and there is a Christmas is every year ! )