Dispute with builder

[PI build]

Our builder quoted to work to architect & structural engineers drawings. We have had issues with the build quality and he does stuff off his own back without consulting the structural engineer. Structural engineer says parts are not good enough and need rectification and the top floor timber frame will not fit without mods i.e. not built to drawings. We have had poor communication throughout and his reactions to us asking questions about his work are very defensive. We have kept some funds back for remedial work - we do not want him back.

 

He has issued an ultimatum. Pay up by Tues or he will remove all equipment - which we believe includes the scaffolding needed for subsequent work. The scaffolder has confirmed his contract is with the builder, not us. As we see it our options are grind our teeth and pay up but get the scaffolding contract moved to us or we stick and see if the scaffolding disappears and pay for more scaffolding. Any views? 

[recoveringbuilder]

I wouldn’t be paying him if the work is not up to BS , hopefully you have kept enough back to cover what you will have to remedy, as for the scaffolding, it would probably be good if you could take the contract but make sure it has been paid up to the point you want to take over. When we parted company with our builders the welfare facility was left behind, we phoned the company to uplift it but they wouldn’t do it because the contract wasn’t with us, it lay unused for weeks with the company coming out every week to empty and clean it, we tried several times to get them to take it away without success. Eventually, fed up with it being there I phoned again and told them if it wasn’t removed they wouldn’t get it at all as the fencing was about to be done and it would be behind the fence, within an hour they picked it up but I do always wonder if they ever got paid for it.

[MikeSharp01]

I would just get a solicitors letter and countersue, in the sense of saying we will not pay up and we will be looking for damages to cover all the remedial work, the cost of an investigation by a competent person into the quality and any delay costs incurred by you. Also you will be writing to all the trade bodies, they are members of, with photographs of the work and a copy of the investigation. See if that gets them back to the table. Never let a bully win.

 

 

[nod]

Unfortunately the builder has the same rights as any other trader 

You have to give him the opportunity to put right substandard work If he doesn’t you can get someone in and charge the cost to him Even if his retention doesn’t cover the amount 

Registered letter with seven days to respond 

The scaffolding is his Less messy to let him take it and get your own when you are ready 

[ProDave]

Get building control to have a look and document anything they are not happy with and pass that to the builder.

[Ralph]

Do you have an actual formal contract with the builder or is it a broad term agreement based on the quote?

[PI build]

There is no formal contract, just an agreement on the quote. BC have said his work,  whilst not strictly to standard practice is acceptable but it is not acceptable to our structural engineer. The other issue is that due to his changes the timber frame needs remedial work to fit.