Yes, when I signed the contract it was discussed on many occasions that all work needed to be completed by end of August as I was pregnant and baby was due on 2/9. Verbally they agreed that the work would be completed within 6/8 weeks
" For Jo C."
No, the contract did not use the words time is of the essence.
Also the Company are saying that snagging issues do not have to be resolved within the contracted time and that the final payment should have been due when the building works was completed on 29th August and not when all the snagging issues and rubbish was removed on 10th October. Is this correct?
"For Jo C"
There were many snagging issues but the major ones were sub standard plumbing work which the contractor asked our kitchen fitter to rectify. He was paid for the days work but this resulted in a delay to the fitting of our kitchen and incorrect size of wiring installed for lights and sockets in extension. The wiring installed was not as per building regulations and this was only spotted by an electrician we had on site. Initially both the contractor and sub contractor denied there was a problem but eventually agreed that is was incorrect. This was rectified and resulted in damage to the plasterwork that was rectified and paid for by the electrician.
These issues took nearly a month to resolve resulting in the overall build overrunning.
I would like to withhold some of the final payment to cover the delay and inconvenience to us, can this be done?
So basically they can take as long as they want to rectify problems even though the contract states 10-12 weeks, seems a little unfair. If we had terminated the contract we would have been left without any guarantees for the work or doors windows etc so we let them make good their errors, which were not minor and now we have to pay in full?
What is the point of stating timescales in a contract if they can just overrun and still receive full payment?