Non compliant outside drainage

[AdaminCymru]

Hi all,

 

200k contract nearing completion, based on an estimate. To date, numerous extras have been added at highly inflated prices so I want to be careful and well informed on how I raise this 

 

All outside rainwater drainage has been connected directly to the foul drains despite the contract stating all work will comply with the build over agreement, building control and planning. The builder is due his final £10k payment soon. I’m aware that if the water board are ever called out in the future, I could be fined heavily for his decision to cut corners - there is an up to date cctv survey on file and I know there are two existing rain water gulleys which he has left unused.

 

If I pull him up on this, can he revise his estimate at this stage and demand more £ to complete the drainage adequately? Or, can he not do this, as the work has also been completed but non compliant?

 

We have had many discussions about drainage throughout and he’s always said rain water would be connected to the 2 existing rain water gulleys. He then went ahead and ignored this.

 

thank you 

Edited Sunday at 09:02 by AdaminCymru

[Nickfromwales]

It is down to what is stated in writing between yourselves. Also, text or WhatsApp, and then your last hope of impartial witnesses hearing you say this (not family or friends).

 

Sounds like you have a case to withhold the payment until these works are rectified, but you’ll need to sit this chap down asap, and explain your intended path. He needs to be provided with an opportunity to rectify, and he then only has a certain amount of time to respond, or you employ a 3rd party and bill him.

 

Talking is better than shouting so choose how you will approach him and explain you just want what was promised.

 

Do you have separate foul and storm water drains to the network? If not then they may be allowed to become combined, but the gotcha is, you’d probably then need to go to a soak away first, and then just the overflow from that goes into the foul. 

[AdaminCymru]

2 hours ago, Nickfromwales said:

It is down to what is stated in writing between yourselves. Also, text or WhatsApp, and then your last hope of impartial witnesses hearing you say this (not family or friends).

 

Sounds like you have a case to withhold the payment until these works are rectified, but you’ll need to sit this chap down asap, and explain your intended path. He needs to be provided with an opportunity to rectify, and he then only has a certain amount of time to respond, or you employ a 3rd party and bill him.

 

Talking is better than shouting so choose how you will approach him and explain you just want what was promised.

 

Do you have separate foul and storm water drains to the network? If not then they may be allowed to become combined, but the gotcha is, you’d probably then need to go to a soak away first, and then just the overflow from that goes into the foul. 

Thanks for your response. Yes plenty of written communication about drainage but none stating he would deviate from a basic / acceptable standard. We have a dedicated storm water sewer network and separate foul, which he knows about. It would have just meant more work for him to do the work properly. 

 

There may not be a straight answer to this question but perhaps a more succinct way of putting it would be:

 

If a portion of work is completed within the estimated fee, and that work is below an acceptable standard objectively, and the contract states all work will meet such standards, can the tradesman demand more money to bring this work up to an acceptable standard? 

[Mr Punter]

If he was contracted to connect the surface water to a surface water sewer it is not acceptable to connect to the foul.  He should either rectify or you withhold payment.  It sounds a bit late in the day for this to appear.

 

Connecting surface water to foul sewers is a major cause of sewage pollution in our rivers, lakes and seas.