There was no written contract.
Just a quotation and then a letter setting out the scope and payment stages - so, no formal contract i.e. Minor Works.
Was it part of the deal that he would have to make the application and do the work?
The letter referred to the works to be completed and the payment stages and a vague reference to liaison with others.
What is it you want to achieve please?
That said, he did make the application on my behalf to the Planners and did provide the survey information (which was insufficient) - he then withdrew the application. All of this is a matter of record.
I would like him to complete the works within a reasonable timescale for the contract sum as agreed (or to be reimbursed for any loss I suffer).
In the meantime the works should be insured as per our agreement.
I don't think it is reasonable to say March 2015 or suggest that the price will be increased.
What is the cost to date for the extra work etc?
The initial contact is £140K of which around £15K has been invoiced and paid - the nearest price I have from others is £177K to complete. Thus the works will cost me £192K in total.
The case rests on whether the builder was instructed to make the application etc and then if it was his fault it fell through
If it was then he would be in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 by not taking all reasonable skill and care.
This means that he would be liable for any losses flowing as a result.
This means that he would be liable for any extra charges. Therefore he would be required to do the work for the agreed price and nothing extra
If you incurred extra costs as a result, he would also he liable for those costs.
Can I clarify anything for you about this today please?
To be honest, Project Management is outside of his competence - he took on more than he was capable of doing. Prior to undertaking the work, he was aware of the Planning Permission Conditions but it subsequently became clear that he did not understand the implications (i.e. that there may be a delay whilst the application was considered). The fact is, he made the application for me and then withdrew it. He also provided information & technical details that were useless to the Planners. Notwithstanding this issue (and let's say I can't argue it successfully), please can you advise on the issue of insuring the works, the time frame for reasonable completion and the uplift in costs.
Well if you knew he was not competent then sadly you would be liable for the extra costs etc.
If you thought or reasonably believed he was able to do it then he is responsible
Therefore he would not be able to claim an increase and should insure the works
Does that clarify?
When I asked him to make the application, of course I thought he was competent - it is what has transpired subsequently that has led me to believe that he is not.
Yes in that case he is liable for the additional costs
Leaving aside the question of the discharge of conditions, is it the case that he can delay as long as he would like and increase the contract price?
No - he is contracted for the price, he can't raise it
In respect of the delay, is March 2015 reasonable given that this is as a result of 5 additional projects (a short delay or 1 or 2 projects I could live with, but 5 seems unreasonable)
I agree 5 seems unreasonable.
You may need a Court order making him do the work
Does this help?
Yes....on a final point....the works (footings) should have been insured by the builder from day one - I assume I could similarly force him to comply with this condition?
Hi Alex, yes thank you - do I need to go through mediation or arbitration or can I use to court to proceed with this if necessary?
I would consider mediation as that is a cost effective service that can generally produce results.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Hi Alex, is the mediation/arbitratio route
Sorry....IT challenges.....is the mediation/adjudication/arbitration route compulsory. In the event that the builder does not respond to an invitation to mediate, I assume that puts him in a weaker position?
Its not - but you should always consider it.
If he does not mediate then it is a matter of costs at Court
Please remember to leave feedback before you go today