bmj1

Just to add, no way you sub-contract the architect via a builder. That's a big no no

I don't trust any builders. Ultimately they work for themselves. You need your architect or PM to hold them to account. I've seen first hand the problems when the architect and builder get too cozy, essentially, it's a gamekeeper and poacher scenario. Hire the architect and design team, then a QS to build a BOQ, and run a competitive tender to 3/4 good builders to find your builder. You don't have to go with the cheapest, but you need to run the process. Unless you are skipping the main contractor altogether and running it yourself (as many on here do).

If you think you can definitely get it done cheaper then take a 4k cash settlement and spend it like you please. If you don't, tell them to organise to fix it, and then there is no cash payout.

Upper limit is now £99,999 for MCOL. Fees ratchet up as you claim for more. Schedule here: https://www.gov.uk/make-court-claim-for-money/court-fees

I'd personally do two downpipes, one at each end. Pretty sure that's what we did on ours with a 13m long roof

Well done, really, well done ! As per @Annker, this all looks relatively doable, and as you say, biting the bullet on day rate to fix it up is the way to go, until you can get back to fixed price works. You've now caught further structural issues - and I stand by my post above - if he couldn't get this right at this stage - no doubt his finishes would have been similarly awful. Good luck with the next stage

Another approach. Pay the manufacturer to come out, review the installation, and write a report confirming it has been installed in the most appalling manner and is certainly not installed in line with their installation manual.

If you end up in court, it sounds like the contractor has a lot more to lose. I.e. you can take him for damages for tens of thousands Vs his relatively small claim. That said courts are costly, and I get the aversion to it. I'm sorry you are going through this.

Well done. I'd suggest you spend the next few weeks really focussed on how you can get the roof on while the weather is good. Make haste while the sun is shining and all that. A cold wet site isn't much fun...

Just to add: I've seen this all before. He wants to stay because he hasn't got other work lined up. Tough. Don't make his problem your problem. You need much better than this. Now is your chance to cut ties. You won't regret it.

I would personally be terminating with cause, as the builder's breach is so severe (cite relevant clauses around workmanship) and it clearly cannot be rectified by them as they demonstrably lack the expertise. I would be focussing on the fact they have been negligent on multiple occasions, and that they have therefore grossly breached the contract, and this is the only reasonable avenue open to you. I'd find a friendly and qualified professional to draft a firm witness statement, and attach this also. A meeting with the builder and my expert, on site, to take them through it, and advise I am willing to waive my claim for damages (quantify this, and don't hold back) if they sign a final settlement, I think is the approach I would take. That way, they'll see the settlement as a win, and won't need to worry about you litigating. This needs planning out carefully, hence my suggestion you want someone experienced in commercial negotiation. This could also be your expert.

The advice from SBMS above is excellent. And to the point. Having previously terminated two main contractors, I can confirm he's hit all the key points. Do this right and you will be able to cut the builder and protect yourself against any comeback. In fact, if done right, they'll be delighted to be able to walk away with a negotiated settlement that means you can't come after them for damages. If you don't have personal experience in commercial negotiation, maybe think about who you can trust to help you with this meeting (whether a friend or professional). And you want a third party there regardless.

What is your contract with the builder ? Is it a standard form (e.g. JCT), the builder's standard terms, or verbal ? Please do feel free to post a copy here (with any personal and company details redacted), and I think we'll be able to advise much better.

Agreed, great job by Pasquill, and by you also. This isn't easy. We're all backing you - keep posting any questions as you go and we'll all help where we can.

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