# Builder Goes back on word



## dtb (25 May 2007)

Hello,

When we were purchasing our house the builder told us he was spending 20k on kitchen. We negotiated the overall cost of house down by 20k subsequently. Contracts are exchanged and we met builder today. He said that in order to reduce the price of the house he now could only spend 10k on kitchen. We have nothing in writing, all the contract says is kitchen to be included and discussed with client. Other than being a lousy thing to do is there anyway of getting the kitchen at his original price? What is there to stop us saying that because he had not put value of kitchen in contract we could equally decide on a more expensive one as he didn't put a maximum value on it?

Any help v. much appreciated. Is it a stupid question as there has been no responses?

D


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## ClubMan (30 May 2007)

Have you asked your solicitor to advise?


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## CCOVICH (30 May 2007)

If there was no mention in the contracts that the kitchen would be worth X, then I don't know if you have a case-it is probably a case of take it or leave it at this stage, and if contracts have been signed and exchanged, then I would say it is pretty much a case of 'take it'.


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## woods (30 May 2007)

I do not know if "kitchen to be included and discussed with client" give you the right to demand any standard.


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## dtb (30 May 2007)

Thanks for the responses,

The truth is that I was a clown for trusting the guy. Leeson learned


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## iwsf (15 Jun 2007)

I also learnt it the hard way.
Builders are not to be trusted , everything  i mean EVERYTHING should be on paper.


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## Meathman99 (15 Jun 2007)

iwsf said:


> I also learnt it the hard way.
> Builders are not to be trusted , everything i mean EVERYTHING should be on paper.



I'm sure you mean that nobody should be trusted with your money. Not builders, solicitors, accountants, architects or car salepeople.  Thats the problem these days, you can trust nobody


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## Jaid79 (15 Jun 2007)

iwsf said:


> I also learnt it the hard way.
> Builders are not to be trusted , everything i mean EVERYTHING should be on paper.


 
It is generally true to say a verbal agreement is not worth the paper its writen on. 

It has been my experience that when dealing with builders, trades, developers including Architects, Engineers and the like, it is best practice to confirm all your agreements in writen format.

Your first course of action should be, confirm too the builder by registered post, a non-emotional, no frills, factual letter, stating that you are not willing to except his contract variation. This is mainly due to inadequate information and due time for consideration prior to signing the contract.

You then request he proceed on the bases of your prior agreement, mentioned in said contract.

Followed by you clarifying the agreement, quoting wordings from your verbal conversation regarding the kitchen.... 20k discount based on his accepted quotation... discount was not offered or taken, by way of any omission, part-omission or subsitution of the items contained and was a lump sum discount taken across all works contained in his quotation.

Providing your telling us the truth and not just looking for loop hole to get a more expensive kitchen (I`m not casting any shadow over you ability to tell the truth, this sort of disputes, are generally not as cut and dry as they seem). You would and should get your kitchen as agreed.

What form of contract have you signed up to? I am assuming the builders? You see he has had years to cover all loopholes and the like, watch out for a guy like this coming back with variations in cost due to P.C. Sums, Provisional Sum, Exculsion and all sorts of tricks.

If this went too court and the builder did not respond with in a reasonable amount of time, by the fact your letter remained unchallenged you would be in a very very strong position to win.

Hope this helps?


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## dtb (26 Jun 2007)

Thanks Everyone,

Jaid79 thanks for your help, the facts were true and we weren't trying to get a more expensive kitchen. We just wanted what he had promised us but I understand what you are saying about things not always being clear cut. I will do as you suggested and see how I get on.

D


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## Jaid79 (27 Aug 2007)

dtb said:


> Thanks Everyone,
> 
> Jaid79 thanks for your help, the facts were true and we weren't trying to get a more expensive kitchen. We just wanted what he had promised us but I understand what you are saying about things not always being clear cut. I will do as you suggested and see how I get on.
> 
> D


 
how did you get on?

Jaid


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## dtb (20 Sep 2007)

Hi Jade,

Dispute still going on. They installed a Kitchen which looked ok until closer inspection. 20 snags identified after installation. A Friend who is a builder said that we should demand that kitchen be taken out and replaced as workmanship is poor or else get a PC sum for same. This is where we are at present. Will keep you informed.


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