JCT Minor Works Contract with Contractors Design 2016

[Tabitha]

Hello everybody.

I wonder if anyone can offer advice on the following situation:-

Builder 1 signed the contract a couple of months ago then kept delaying the start on site date.  He has now pulled out altogether before even starting on site.

We will have to go out to tender again to find Builder 2.

If Builder 2 is £10k more expensive than Builder 1, can we claim the difference off Builder 1?

If Builder 2 cannot meet the completion date set for Builder 1, can we claim the weekly rate of liquidated damages off Builder 1?

 

[nod]

No you can’t 

At least he was honest Eventually 

He could have started the job and tried to work it in with with an over committed workload 

 

Move on Dont waste anymore time on him Enough stress without adding to it 

[Tabitha]

Thank you for your response.

 

We thought he would be bound by the contract because both parties had signed it.

 

Regards

[Andrew]

Depends on what the JCT contract says about termination or anything specific to this situation. 
 

However even if you did go to the trouble of taking action and you won, chances of getting a small builder (I’m assuming your contract isn’t with Balfour Beatty) to actually cough up would be slim. If they do it’ll be on a lengthy payment plan no doubt.

 

Good advice from @nod I would say.

 

 

[Jeremy Harris]

6 minutes ago, Tabitha said:

Thank you for your response.

 

We thought he would be bound by the contract because both parties had signed it.

 

Regards

 

The contract isn't yet valid, unfortunately.  It doesn't become binding until there has been "an exchange of consideration", which would mean work done and payment made.  As no work has yet started the contract is just an agreement that either side can walk away from.

[Tabitha]

Thank you for clarifying that Jeremy.

 

I will be ringing round some new builders today and making sure they are happy to work to a JCT contract before I send them the tender pack.