Contract Administrator - cost queries

[Jothetaxi]

We have concerns that our contract administrator (The Architect) has been certifying payments that are not reasonable. The builder held back giving prices for variations and is now seeking to charge a disproportionate amount retrospectively.  While the builder pulled off our project for several months, we discovered the builder and the architect had been working together on another project. This was not declared to us until several months later. During this time our own project fell behind.

 

We've now had some unreasonable amounts requested for work that was undertaken and the administrator feels the payments are warranted.  In both instances, the architect/ administrator was not there to witness the work, nor did they receive any prompt costing at the time.  These relate to work that was undertaken and charged retrospectively.  

 

We don't feel the contract administrator is acting in our best interest and siding with the builder. We also feel there is a conflict of interest here.

 

Is there a process whereby we can have work valued? would this be the work of a quantity surveyor?

 

Thank you.

Edited 3 hours ago by Jothetaxi

[JohnMo]

When we did similar - some years ago, we had weekly site meeting where progress and financial affairs were openly discussed. Either myself or my wife were always in attendance, these meetings were all minutes by architect,with us approving minutes. No work was progressed until fully priced.

 

Variations always come and bite you. Push back if not in agreement, get them line by line itemised, don't pay until happy.

[saveasteading]

1 hour ago, Jothetaxi said:

conflict of interest

It does sound that way, esp as you weren't informed they were working together elsewhere.

Have you proof of this or could you gather it quickly before protesting formally.

 

For now just say you aren't happy and are reviewing before making any more payment.

Is there a recognised formal contract in place? Who chose it?

 

[Great_scot_selfbuild]

1 hour ago, Jothetaxi said:

We also feel there is a conflict of interest here.

Sounds like it. 

 

16 minutes ago, saveasteading said:

For now just say you aren't happy and are reviewing before making any more payment.

I'd agree with this as a holding statement. Don't be pressured into making a decision, especially as you say they stopped work on your build some months ago - they clearly weren't in a rush.

 

Just be calm and measured in your communication (may require a lot of self-control mind) and as long as you are in control of the discussion in a clear and reasonable way then you have a better chance of achieving an acceptable solution. Prepare yourself to have to compromise and not be totally happy (I say this from experience). If you have conversations then make sure you follow-up by email to confirm what was discussed (even if it wasn't for any formal agreement), as it will give you a written record if it's ever needed.

 

 

[Jothetaxi]

Thanks for the replies.

The contract is a residential RIBA contract and the completion certificate has been issued. The builder ran behind and probably out of money so sought to cut corners wherever he could.  There are some technical defects that need to be rectified as well, where things have not been constructed to the drawings.  The builders have tried their luck wherever they can and while we did not expect them to be angels, we are shocked at the dishonesty.

 

Throughout the build we had regular valuation meetings and paid variations that were agreed, however,  as the work came to an end they held back being forthcoming on prices and we have seen them throwing out obscene amounts as we come to the end of the build without any proof.  In one instance a variation for a ridiculous amount for bodging the hanging of our internal doors (also confirmed by an RICS surveyor who undertook a snagging survey).  

 

The Administrator has not questioned any of this and seems to think these are reasonable costs, which we dispute. It is not that we don't want to pay, it is that we don't want to be ripped off.  

 

Is there an external way of getting an independent price for these?  certainly presenting costs after undertaking the work is not lawful anyway.

 

 

Edited 49 minutes ago by Jothetaxi

[bmj1]

Do you have any retention still held back ?

 

Whereabouts in the country are you based ?

Edited 42 minutes ago by bmj1

[Big Jimbo]

I would tell both the builder, and the arch to F.off. But i'm a bit like that. Hope you get it sorted.

[Jothetaxi]

16 minutes ago, bmj1 said:

Do you have any retention still held back ?

 

Whereabouts in the country are you based ?

Yes, we have retention held back and have submitted a costing for liquidated damages, where they ran over the contract deadline without a request for extension.  They were granted an extension from the original timeline with the architect blaming us for the delays, which is almost laughable to be honest - especially as they had disappeared from the site for 4 months.  They didn't meet the second deadline either, because as we predicted, they disappeared from site again and reappeared in the week the contract was due to expire, running around like headless chickens trying to get things completed. 

 

The retention amount will not cover rectifying some of the work if they do not come back, so the liquidated amount is to cover ourselves.

We are in the East of England.

Edited 24 minutes ago by Jothetaxi