# Dispute with contractor



## Dirac (17 Jun 2009)

Hi
Situation is we have had house built by a contractor and there are various items which are, in our opinion, poorly finished such as bathroom tiling, floor tiling being uneven in places, incorrect spec roof windows fitted to name a few. We had a major problem with sewer smell in ensuite before contractor realised that there was no soil stack at the begining of the system to vent so smell was coming up through into ensuite. Anyway to cut a long story short we have witheld about 4% of total build cost for the hassle. Told him to sue if he wanted to. Very menacing in his verbal threats and now says they will recoup the monies by taking back some unspecified items or pass the debt onto his subbies. Anyone had a similar problem in the past and what was the outcome?


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## dinjoecurry (17 Jun 2009)

Rather than getting into this type of argument why not get him to put everything right then there would be no reason for not paying.


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## Dirac (17 Jun 2009)

Sorry, should have mentioned they have been back on several occassions to right the wrongs, somethings like the wrong spec windows they just trying to fob me off with excuses and wont swap them. I am interested in hearing of experiences from people who have encountered this prob. We have tried most if not all of the usual remedies ie giving chances to sort probs out but now in situation where relationship is broken down and builder "believes" house is A1 and we don't, hence retention.


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## notagardener (17 Jun 2009)

Meet and agree to get an independent housing inspector to do up a snag list €200 approx. This is the norm for new house builds and see how that goes. Good Luck


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## karltimber (20 Jun 2009)

if he is "Very menacing in his verbal threats" I would invest in a small digital recorder and keep your conversations.
may be useful if this goes to court -imo

he should fix the issues - and not try to fob off.

k


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## kkelliher (20 Jun 2009)

karltimber said:


> if he is "Very menacing in his verbal threats" I would invest in a small digital recorder and keep your conversations.
> may be useful if this goes to court -imo


 

you cannot use these recordings in a court room as they will be deemed inadmissable as you cant record someone without their agreement


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## karltimber (20 Jun 2009)

Thx KK, 
didn't know that.

k


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## S.L.F (20 Jun 2009)

It all sounds like a right mess, as someone else said get an independent inspector to go throught the work.

As for recorders and all that you could bring a witness with you preferably not a family member.


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## onq (20 Jun 2009)

Dirac said:


> Hi
> Situation is we have had house built by a contractor and there are various items which are, in our opinion, poorly finished such as bathroom tiling, floor tiling being uneven in places, incorrect spec roof windows fitted to name a few. We had a major problem with sewer smell in ensuite before contractor realised that there was no soil stack at the begining of the system to vent so smell was coming up through into ensuite. Anyway to cut a long story short we have witheld about 4% of total build cost for the hassle. Told him to sue if he wanted to. Very menacing in his verbal threats and now says they will recoup the monies by taking back some unspecified items or pass the debt onto his subbies. Anyone had a similar problem in the past and what was the outcome?




A few questions; -


Did you use building professionals to design the house and prepare tender documentation?
 Did you get a set of General Arrangement Drawings with a 1:20 Section and Typical Details done before proceeding to site?
Did you ask the contractor to sign a building contract?
Did you get the contractor to make formal Applications for Payments based on the value of work done to date at stages during the build?
Did you make the contractor confirm at each stage the the works to date complied with the requirements of the Building Regulations as applicable?

Since you're at completion has the contractor; -


 offered Commissioning Certificates for your booklet of title for the work you've paid him so much for?
 offered to have his architect/engineer offer Opinions of Compliance with Planning Permission and Building Regulations in respect of the completed work?
 offered to organize a BER Cert [now required by law] for the completed house?
 compiled a Safety and Health file for the works?

If the answer is "no" to any of the above then you may in good company and sorely in need of professional advice.
4% is not unusual to retain for one year after the Certificate of Practical Completion is issued and the First Moiety of Retention Monies is released.
I think you may need more than a building surveyor to inspect and sort this out, particularly if it ends up in Court.
You'll need a good architect.

FWIW

ONQ


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