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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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I was using a local builder to do a 1st floor extension to

Customer Question

I was using a local builder to do a 1st floor extension to the back of the house. He was not doing it how I requested and he kept having tantrums and storming off. I infomemed him to complete the stage I had paid him for and then to leave. We had a meeting with the architect, building inspector and builder. As we had many issues with the standard if work, and the fact that what was supposed to be a 6-8 week job was still it finished after nearly 4 months.

Dring this meeting the builder agreed he would put right all of the the things which were wrong and finish the work and that would be it for him.

But i have now a visit from the architect who has asked me for the final payment of which we have not paid as we had told the builder we did not want him to do this stage, due to the amount of work he had not completed and the standard of the work.

He has fitted a bay window which leaks and its is 5cm difference to get it level with the spirit level where it is so unlevel.

He came back to finish this work as it was part of the final payment he had received from us
to fix the bays, put the door frames in and finishe the stair case, put the insulation in the ceiling. We told home we would pay for the plaster board for the ceiling.
He has now sent us a bill for the plasterboard, and 3 labours to do the work for £450.

I told the architect I will pay for the plasterboard but not the rest as is had already paid for this,

He asked Me if I would consider giving the builder compensation as we did asked him to it do the final stage, and this is his profit for the job,also he has not made any money from our job. I told him no chance.

He then said thar the builder may put a claim into the small claims against us. It told him I would counter sue as he had. Not done what he was paid to do and cut many corners.

I have since used a sub contractor who used to work for him,but he let him go as he did it require him any more.

I did not use him until several wweeks after I had told the builder I did not want him to finish the job, it he and the architect has told and the sub contractor that that I do not have any money to complete the works.

Please can you advise if he can claim from me, or what I can do to get them to go away.

Kind regards
Sally Collins [email protected]
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
Hi Sally thanks for your question. Can you give me a little more info:
a) Are you using a standard small works contract? Or is it a specific contract?
b) Is the Architect responsible for signing off the work ? Has he done so?
c) Have you given the builder written notice of termination?

Customer: replied 4 years ago.

We signed a statement of works, which listed what he was going to do. And he signed it each time he received his payment for each stage.

The architect is not responsible for signing off the work, as the builder inspector informed us he does this, as I asked him. Heis not a local authority ne, but a private one, which the architect uses.

No I have not given him written notice, but I went through what we required him to finish and then leave.

Hope this helps.
Thank you

Expert:  Senior Partner replied 4 years ago.
Ok thanks. In that case I suggest you do give clear written notice that you are terminating the contract die to the poor quality of the work. If he has failed to perform then he is in breach of contract but it is important that you make this clear in writing and also write to the architect saying that you are in happy with his service and the fact that he tried to get you to agree to make further payments when he knew the work was substandard and you "reserve the right " to sue him for negligence. You can also accuse him of defamation for telling the sub contractor you had no funds if you wish.