Dispute around construction costs (also posted in the finance forum - wasn't sure which was best)

[Andehh]

57 minutes ago, Kelvin said:

Yes it really is. Ours has been very hard at times too. What I’ve learnt is that 95% of the things that go wrong are fixable with some careful thought and the help of buildhub. More importantly something that’s all consuming in the moment once addressed is forgotten about. 

And those are the important bits to remember!!

 

Our 9 month went into nearly 2 years... And we had some harrowing evenings crying over the spreadsheets and costings as it all slipped out of our control.

 

 

I remember March last year asking the builder's office for the final electrician's bill, and her coming back to me and saying 'just over £23k'... And me mid motorway drive dull brakes emergancy stopping onto the hard shoulder in a blind panic... Only for her to go 'oh sorry... No that's the total months bill... Let me get you the right figure' and for me genuinely crying in relief as I accelerated off again.... For her to then come back to phone 5 mins later and say 'no, sorry again I was right the first time, it is indeed £23k' for me to then end up back on the hard shoulder. He was a (expletive deleted)ing shyster.

 

BUT having been in for 9 months now, we do regularly look back and laugh at most of the horrors we went through, the panic, emotion, distress and anxiety which at the time were all consuming. The shit we stressed over which is irrelevant now, and the decisions we forced through against advice and shouldn't have, and the thinks we did get very right... BUT we are thoroughly pleased we went through it, I definitely feel it's made me a more resilient and philosophical person and I think I handled it pretty well at the time all said and done. It also makes us appreciate the place more, and you'll be amazed at how much you forgive and forget when all is said and done!!!

 

End of the days, it's just a (expletive deleted)ing house. Most people won't know, care or take any interest in vs schools in the area, it looking nice and what are the neighbours like?

 

Grit teeth, ensure and just survive. It's all worth it on the other side.

[Gus Potter]

On 10/02/2024 at 10:16, Kelvin said:

You can infer it. Moreover it’s ambiguous at best which can mean that a court would rule in favour of the client given the builder drafted the contract. 

@kelvin is correct.

 

The construction courts / courts recognise that some Clients are experienced, some are domestic (inexperienced) and thus are afforded more protection under the law.

 

Often domestic Clients get into dispute with dodgy builders who have written their own contract. While it can be difficult to argue against the terms of payment it is much easier to hit these builders in their weak spot which can be poor quality work that compromises structural safety. That could be anything from cavity width to incorrect insulation that could cause condensation that could compromise a structural frame. There are lots of ways to tie back bad work to safety considerations.. it's often knowing how you do that and present an argued and reasoned case. I do this with say the NHBC and other warranty providers etc who can be a bit.. (insert your own words) at times to speak.

 

You can often debate to the ends of the earth about the quality of the finish.. but hit them on a structural issues and you often have the upper hand.. you make them rack up defense / consultancy costs and force them to employ their own Consultants.. who often won't touch them with a barge pole.