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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Our builder is refusing to finish the work from the original

Resolved Question:

Our builder is refusing to finish the work from the original spec, he has admitted to a negotiator that he added £30 000 fictitious extras to our build as communications began to break down, we have a JCT contract but PMd the build ourselves from architects drawings, where do we go from here?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What are you hoping to achieve?
Customer: replied 3 years ago.

I would like him to acknowledge that there are elements of the contract that have not been fulfilled therefore there must be some off setting between works not completed and extras charged for particularly as no prices foe extras were forthcoming before he undertook the work, in itself a breach of the JCT

Expert:  Jo C. replied 3 years ago.
Ok. Thanks.

This is quite a complicated contract question then so I will pass it onto somebody better able to assist than me.
Customer: replied 3 years ago.
When can I expect a response?
Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.
Having paid £33 I would actually like some advice
Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Joshua replied 3 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

I have been asked to look at this for you. I note you hgave a JCT agreement in place.

  1. A JCT agreement will typically divided a large project into stages. Does your agreement do so please and if so how many stages has he completed?
  2. What is the basis for his refusing to complete the work?
  3. Does the agreement contain a requirement to use an arbitration service or is this simply an option in the event of dispute?
  4. Does the contract contain any timeframed for which work must be completed?
Customer: replied 3 years ago.
The JCT we have us called Minor Works Building contract 2011. We have made four payments with a small sum outstanding including retention. The agreement shows option for arbitration which we have tried to avoid by using mediators. His refusal to finish is based in his belief that we are trying to withhold monies unfairly, he has not completed the initial contract and has charged extras without agreeing a price in advance in spite of numerous attempts to secure these details. The contract does not have a time frame for completion though verbal dates were issued
Expert:  Joshua replied 3 years ago.
My sincere apologies for the delay in reverting to you. I have been away for the last few days and unable to respond. May I continue to assist you with the above?
Customer: replied 3 years ago.
Yes
Expert:  Joshua replied 3 years ago.

Thanks. If you have not agreed to extra works the builder is demanding then there is no liability to pay for the same.

 

You will wish to consdier giving the builder written notice of his breaches of contract by way of a schedule of defects and reference to which stage of the contract the defect relates to; if there is provision in the contract for obtaining interim architects or inspectors certificates you can also refer to failure to obtain such interim certificates and putting him to strict proof in relation to your agreement in respect of those "extras". The burden of proof is upon him to demonstrate that you agreed to any extra work for which he is attempting to charge.

 

 

You may consider inviting him to undertake to you that the work will recommence and a timescale for completion. If you have on you may wish to have the architects support and assistance in preparing a schedule of outstanding works if you do not already have this. You may remind the builder of any verbal dates that were given for completion and failing which remind him that the Supply of Goods and Services Act provides that in default of a date being agreed between you the Act provides that work must be completed in a reasonable time.

 

 

If the builder ignores the above or does not satisfy you with his proposals you can issue a notice indicating that you are dissatisifed with the work as it is not of statisfactory quality by particular reference to the above schedule of defects nor is being completed in a reasonable time or in accordance with the timescales verbally agreed. You can advise him that you are making time of the essence and that unless he contacts you within 7 days with improved proposals you will instruct a third party to quote to complete the contract and look to him for any difference between his costs and the cost of completion as provided by a replacement contractor.

 

 

If he continues to ignore this then you may go ahead and obtain quotes as above. From there you can either go ahead with the most cost effective quote and then claim against the original builder after work is complete or pursue a claim against the original builder before instructing the third party.

 

 

It is important that you keep correspondence you send to the builder as it will be required to demonstrate that you both tried to resolve your dispute and to demonstrate that you gave him the opportunity to complete the works before you instructed a third party.

 

 

 

 

You can either use the dispute resolution provided for in the contract. RICS also offer a dispute resolution service if the builder will agree to the same:

http://www.rics.org/drs

 

 

Alternatively you can resolve the matter in the county court for which you may need an experts report - e.g. your architect or a surveyor. THe simplest way to issue proceedings is by using www.moneyclaim.gov.uk

 

Is there anything above I can clarify for you?

 

 

 

Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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