How do you get A Builder to Complete a House Extension

[feltox]

A relation of mine is having trouble getting a builder to come back and finish last bit of works/snags on an extension eg footpaths, small bit of drainage, shower doors, bits of internal work, site clearance etc. The reason to go with the builder was the good price at time.

main points
1. got a builder to do a extension to house.
2. verbally agreed price.
3. no contract signed.
4. job went way over time
5. about 6.5k of money left to finish(willing to pay builder if he comes back and does Job) but cant wait much longer as he has being on site only one day since 01/01/10
6. builder looks have no intention of finishing.

From what i hear he has started an extension now on another person house so he cant claim he does not have money. He avoids my relation calls and I think they feel initimated by him as he is nice to husband and verbally abuses wife when husband not on site

From what i see he underpriced the job first day

what do you do?

1.any way to force builder to come back?

2.If 10k of work to put right can you go after builder for shortfall to put his work right.

3.How do you draw a line in sand with builder if he does not come back, you finish job yourself what is stopping builder coming back in a year looking to do work and get money

4. Could you picket his new site, I would be certain a builder would not want a adult and a few kids with signs 'why doing you finish jobs'

to me it looks like they will have to finish job themselves as no contract, and put in down to bad experience

The person is a relative and I dont like to see people in general being ripped off.

thank you

 

[onq]

Hi feltox,

Building Contracts are funny things.

Situations like yours are quite common on tight prices with no contract. I would see if there is a way to retrieve the situation amicably. I would give the builder a chance to come forward and complete the works. If he chooses to complete for the agreed price, well and good, but there may be the issue of him coming back for more money based on a fair price for the work done.

Without a signed contract I am not certain that you can press him to complete for less than the reasonable cost of doing the work. This is where a solicitor versed in contract law can assist you. I would talk to a solicitor before writing anything. To instruct your solicitor I think you need to get things down on paper e.g.

• the description of the works
• the contract price
• the original duration
• the works completed
• the works outstanding
• the overrun of the original duration
• the amount unpaid and cost to complete.

With everything set out you must seek clarity on the standing of the contract from your solicitor.
You may need a quantity surveyor to assess the work done as well as extimate the likely cost of work still to be done.
Assuming the original contract stands and the original price is okay and not requried to be reviewed you will then write to the builder.
You will inform him of how matters stand and that you want the work completed immediately or you will engage another builder to complete.
It is important not to take this step without having your legal position and works to date reviewed by professionals to establish your position in law.
Otherwise you might find that variations arising are chargeable, the work was so underpriced you should have known and the builder is entitled to complete at his own pace.

Take appropriate legal and professional advice on this one feltox - the law can be an ass.


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.

 

[Bronte]

So there is 6.5K remaining and to finish it would cost 10K. Easiest solution is to clarify with the builder that he is not coming back and finish the job by paying out the 10K to someone else. Basically he's got most of his money and 6.5K on 10K of work isn't worth his time. Next time keep back 20K for the 10K remaining work and you'll be amazed at how quick a builder is to show up.

 

[feltox]

So there is 6.5K remaining and to finish it would cost 10K. Easiest solution is to clarify with the builder that he is not coming back and finish the job by paying out the 10K to someone else. Basically he's got most of his money and 6.5K on 10K of work isn't worth his time. Next time keep back 20K for the 10K remaining work and you'll be amazed at how quick a builder is to show up.

That is more likely what is going to happen. Also i think it would be touch harder for another builder to come on to a current job ie they would think they could be payment problem

The annoying them is builder agree to do for a price and should keep his word to do the job.

Just not right that the builder can just walk away, got his profit and if completing job it eats into profit

 

[Bronte]

Just not right that the builder can just walk away, got his profit and if completing job it eats into profit

I don't know how how much 3.5 K is in the scheme of a build but it wouldn't be much on an extension job that you said was quoted low so I don't think we're talking massive profits. If your friend is happy with the work so far, well another 3.5K is a small price to pay. Your friend made the mistake in paying up front.

Builder's profit is long since spent and forgotton about.

 

[feltox]

I don't know how how much 3.5 K is in the scheme of a build but it wouldn't be much on an extension job that you said was quoted low so I don't think we're talking massive profits. If your friend is happy with the work so far, well another 3.5K is a small price to pay. Your friend made the mistake in paying up front.

Builder's profit is long since spent and forgotton about.

Sorry Job was for €91,500 €85,00 paid over to date €6500 to pay over

it would be good value at 91,500 if fully completed for that price. main reason they went with builder was the good price

 

[onq]

feltox,

What size was the extension approximately and what kind of work was done to the house?

ONQ.

 

[feltox]

feltox,

What size was the extension approximately and what kind of work was done to the house?

ONQ.

roof of house taken off, put in second floor 5 bedrooms and toilet, new roof and move out kitchen downstairs

 

[Complainer]

roof of house taken off, put in second floor 5 bedrooms and toilet, new roof and move out kitchen downstairs

Probably not what you want to hear, but your relative was stark-raving-mad to take on a job of this magnitude (near enough to €100k) without a contract. Was there any professional supervision? How confident are you that the new storey is structurally sound? And fire safe?

 

[onq]

roof of house taken off, put in second floor 5 bedrooms and toilet, new roof and move out kitchen downstairs

When you say second floor, do you mean this was originally a bungalow and they made it into a two storey house, with a new 1st floor, walls, ceiling and roof over that?

ONQ.

 

[feltox]

When you say second floor, do you mean this was originally a bungalow and they made it into a two storey house, with a new 1st floor, walls, ceiling and roof over that?

ONQ.

was orignally a bungalow. their was an engineer involved mid job to now, but they have little confidence in him.

my main question was with no written contract is their any way to get builder to finish job as verbally agreed. they only them they have is a quoted price on a piece of paper to do job.

 

[onq]

It sounds like they got a very fair price for the "extension".
Normally on a contract retention is held to make the builder complete the work.
This money is available should he fail to return so the employer can pay someone else to do it.
My previous advices above refer, but your friends need to get their head around certification of the completed work - who will do thsi for them?

It may not be an issue now, but it could well become an issue at sell on.


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.

 

[Fidget72]

Similar problem, but with contract

I have a similar problem and I'm wondering whether what to say if I get into a dispute with the builder.

We did write-up a contract with the builder, although we did not have it checked-over by a solicitor.

The contract has a completion date written into it (5th June 2010), which is now one month overdue. However, there is no penalty clause written-in stating the penalty for non-compliance on this. Owing to the amount of time he's taking and the infrequency of attendance, I'd like to terminate the contract, but I'm unsure if I can claim this based on breach of contract or not. I don't want to terminate the contract and then find that I owe the builder for all the work, including incompleted work anyway.

I'd rather not have to go to a solicitor as the cost of this might be more than what I owe the builder anyway, which would therefore be pointless.

Does anyone have a feeling for whether the builder has now breached his contract by not completing within the stated date? (Note: This is the date written into the contract. The verbally agreed date was some three months before that).