# Advice re builder bill dispute



## Claire1956 (28 Mar 2009)

We had some building work done end 07 to mid 08. The builder was paid 90% of his bill by end Jan 09 - many installments made from end 07. The first, final and only bill was produced Sept 08, a two liner of the Net costs and the VAT costs. Circa €130K

However there are some issues outstanding and I have also requested a breakdown of costs vs labour on the project. He is not willing to act on these items and is now handing the matter to his solicitor. We do not wish to not pay him, just to have transparency and close out the open items. There was no contract signed at the start of the job and when asked to price things I just got a tat answer - sure you can afford it and the rubbish talk went on from there and no costs were given. Any idea how we can close this? Regrettably he is a relation of the in-laws........


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## darkylarch (31 Mar 2009)

What are the issues? If they're badly built or incomplete elements of the final works that you contracted him for, and that he's now presenting the final bill for, then you'll have decent arguments against paying him the full amount - or for succeeding in a counterclaim for damages for the value of the defects in the event that he sues.  

Survey the works (you might be able to get an engineer, architect or QS friend to do this on the cheap) then write him a letter setting out your position. Make clear that you're willing to pay him once the defective works are remedied/incomplete works are finished and enclose the survey results.


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## baldyman27 (31 Mar 2009)

Its a bit rich looking for a breakdown after the work is done. If there is work incomplete then you don't have to pay him until these are sorted. However, you should have gotten detailed quotes from him at the start of the work or as any new items came up. Maybe he is overpriced or a bad builder, but you let him continue all the time, take the lesson.


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## lawdable (18 Apr 2009)

Obviously it would have been better to get written quotes and sign a formal contract, but you are where you are.

The most amicable way of settling matters is for you to get a neutral surveyor to provide a list of defects to the builder. You could then provide that surveyor with the outstanding funds, for him to release them to the builder when the defects are sorted.

The builder will know that he'll definitely get paid once he does the work and you'll know you won't be wasting the money if the job isn't finished properly.

If he refuses that offer, you may need to get someone else to finish the job. You would obviously then be in a strong position to refuse to deduct the cost of that from your builder's original bill.


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## lucky-colm (18 Apr 2009)

hind sight is a great thing especially in this instance
you will get a lot of comments saying you should have got a price and contract etc. etc. all water under the bridge now.

what to do now

if you think the work is bad get him to fix what problems are there, do not hand over anymore money at this point but use it as bait and keep making excuses that you will have it tomorrow etc. when the job is complete to your standard and you still think it is over priced don't pay him at all end off. if he makes a big song and dance about it just hold tough. to any neutral person say this was the price agreed before work begun and it was a verble agreement. about the inlaws sometimes you wish you could fallout with them lol, but don't worry about them either fi he is nice enough to do a bad job for you and overprice it basically shaft you you could do better without him and if the rest of the family take his side on this it says something about them aswell.about the solicitor thing your word against his there was no price agreed and no contract in place the contract protects him as much as it protects you without it he has no leg to stand on there was no list of itemised work or price of work if you paid him cash threaten the taxman on him did you get reciepts for the other payments you made to him they would be handy at this stage cos if it was cash he could deny recieving any of this, maybe you should consider getting a solicitor but be warned the solicitors love this kind of thing and they are the only winners in these situations

don't be afraid to shaft him because that's what he is doing to you
toughen up!

let us know what happens
regards
lucky


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## Claire1956 (25 Apr 2009)

Thanks lads - have engaged a surveyor to review where we are at. And yes the lesson has been learnt..........only when I know what you intend to do for me and for how many euro, and everything is agreed can the show hit the road.

Will let you know the final outcome! Thanks


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