Builder taking forever to finish house

rodge123

Hi All

Having some serious issues trying to get our builder to complete our new build.
It's been going on for 12 months now and we require him to complete a few internal items before we can move in.
He has hardly been on site in over three weeks.
He has consistently been late on every deadline giving to him by the architect at every stage.

I'm usually a very patient person, but he has pushed me too far with his lack of interest in completing the project over the last few weeks (Also a large number of other unprofessional things throughout the build)

He is 5 months past a 7 month deadline currently.

Is it easy to apply liquidated charges against him?
It's in contract as 500 per week.
Our architect says it can be messy and isn't really encouraging it (Even though he is fed up with builder too)

I feel at this stage that it's the only way to light a fire under him, he simply doesn't pay attention to warnings about missing deadlines.

Gumbo

Do you owe the builder any money?

madmac187

Is the architect managing the building supervising his works and administering contract, if so send him a letter and point to him. Won't be able to take time off him because you have to point it out to him before goes over contractually. Experience of this in commercial.

rodge123

kceire wrote: »

Do you owe the builder any money?

Just our latest stage payment, same as all previous stage payments.
Architect only submitted it to our solicitor last week.

I doubth it's a cash flow issues with him, he left some stage payments build up to very large amount before looking for payment.

rodge123

madmac187 wrote: »

Is the architect managing the building supervising his works and administering contract, if so send him a letter and point to him. Won't be able to take time off him because you have to point it out to him before goes over contractually. Experience of this in commercial.

Yes Architect is supervising and administering contract.

We wont be able to take time off him?

rodge123

sirwin357 wrote: »

Hi. Surely another horse would be best suited to " finish off your horse" . I can certainly see the logic in having a builder do it due to my past experience but I think the beast would be happier with a mare. Just a thought. Best of luck tho.

Yes, I have been strongly considering this but it would be very messy.
Electrics/Plumbing/Plaster and few other things are not quite complete and it would I think it would be awkward to calculate exact costs done. And to then find the tradesmen myself to finish it off - when in the currently climate I believe they are hard to come by.

Tefral

rodge123 wrote: »

Is it easy to apply liquidated charges against him?
It's in contract as 500 per week.
Our architect says it can be messy and isn't really encouraging it (Even though he is fed up with builder too)

I feel at this stage that it's the only way to light a fire under him, he simply doesn't pay attention to warnings about missing deadlines.

With liquidated damages they have to be proportional to a loss you have occured as a result of his lateness. So say paying extra rent in your current accomodation.

Have you or the Architect done anything to hold up the programme? Late picking finishes? Late giving construction details? Things like that?

rodge123

Tefral wrote: »

With liquidated damages they have to be proportional to a loss you have occured as a result of his lateness. So say paying extra rent in your current accomodation.

Have you or the Architect done anything to hold up the programme? Late picking finishes? Late giving construction details? Things like that?

Well we have been paying about €1,000 of the actual mortgage on the house for the last number of months and cant live in it...would that count?
We have very high bills due to having to use electric radiators in our current old cottage.

We contributed very little to the overall delay, we generally gave quick decisions when he asked for things.
I'd say giving him 1 month as our fault out of the 5 would be very generous on our behalf.
We would have to give him another month because of the terrible winter rain last year too.

Gumbo

rodge123 wrote: »

Just our latest stage payment, same as all previous stage payments.
Architect only submitted it to our solicitor last week.

I doubth it's a cash flow issues with him, he left some stage payments build up to very large amount before looking for payment.

Hold back on the stage and any future payments.
Issue the builder a formal deadline to finish the works or the remaining funds will,be used to contract someone else.

wrmwit

The architect is the point of contact between you the the builder. You need to hound him/her to tell the builder to get the finger out.

Get your architect to arrange a meeting with you and the builder and make the builder commit to a completion date and threaten liquidated charges if need be.

Sounds like your architect needs a kick up the behind if they're happy for a project to drag on passed its contract completion date.

Good luck.

BryanF

If we assume the builder is simply busy elsewhere

Can you contact any of the trades directly? if only to find out if they have been paid to date. Assuming they are paid upto date, ask them directly what they need from you or the builder to complete. Ask them how you can help speed up their completion date.

At least get the full picture of what is going on.

IMHO a lot of construction related workers, have been working for very little over the past few years, and now as work flow starts to increase their going where the money is.

madmac187

rodge123 wrote: »

Yes Architect is supervising and administering contract.

We wont be able to take time off him?

Only reason I say that is from commercial experience. To do it legally and enforceably you have to submit notifications and then prove a loss. Can be expensive if solicitor has to do it.

IMHO tell the builder hurry up or you won't be as quick to pay him. Easiest way to go tbh. Or just ask what's the reason behind not finishing.