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Building Contract (JCT) Advice
Hello All,
Its been a while since I have been in touch with the Legal Beagles Community / Forum.
I require some advise on behalf of my uncle not regarding Debt / Consumer Credit but about a Building Contract.
My Uncle recently started a basement project at his home in the London Borough of Wandsworth Area. He and the Building Contractor had a JCT Contract (Joint Contracts Tribunal Contract). I wasn’t too aware of a JCT till now but have come to know they are a formalised / general contract between an employer (My Uncle) and a Builder for works to be carried out at his home.
The JCT highlights milestones of work and dates at which these works are to be achieved by as well as a schedule of Payments.
Excavating the Basement and making it into a “Shell” is Phase 1 of this project with Phase 2 being carried out
The Building Contractor has taken longer than expected to finish this work (Overrun by approximately 4 Months) to complete and the works have not been done to a reasonable standard with several things outstanding.
Payments have been consistent and paid on time as outlined on the JCT. The last Payment of approximately £10K has not been made as my Uncle is not satisfied that the works have been completed.
His Architect and Building Contractor representative came to the property to discuss the issues outstanding and the Building Contractors representative verbally agreed this. In order to proceed to Phase 2 of this project with another Building Contractor to complete finishing the Basement Shell, my uncle was pressured to sign of the project is completed though assured the issues raised at this meeting would be addressed. Unfortunately the Building Contractor is demanding Payment and is not finishing the work he had agreed to finish. He is claiming this work to be "Additional Work" when in reality it was work set out in the JCT.
I would like some advise on how my uncle may need to proceed should he want to start legal proceeding based on the JCT not being fulfilled correctly.
Any guidance / reference to sites would hugely be appreciated.
Regards,
Pos1tive
Its been a while since I have been in touch with the Legal Beagles Community / Forum.
I require some advise on behalf of my uncle not regarding Debt / Consumer Credit but about a Building Contract.
My Uncle recently started a basement project at his home in the London Borough of Wandsworth Area. He and the Building Contractor had a JCT Contract (Joint Contracts Tribunal Contract). I wasn’t too aware of a JCT till now but have come to know they are a formalised / general contract between an employer (My Uncle) and a Builder for works to be carried out at his home.
The JCT highlights milestones of work and dates at which these works are to be achieved by as well as a schedule of Payments.
Excavating the Basement and making it into a “Shell” is Phase 1 of this project with Phase 2 being carried out
The Building Contractor has taken longer than expected to finish this work (Overrun by approximately 4 Months) to complete and the works have not been done to a reasonable standard with several things outstanding.
Payments have been consistent and paid on time as outlined on the JCT. The last Payment of approximately £10K has not been made as my Uncle is not satisfied that the works have been completed.
His Architect and Building Contractor representative came to the property to discuss the issues outstanding and the Building Contractors representative verbally agreed this. In order to proceed to Phase 2 of this project with another Building Contractor to complete finishing the Basement Shell, my uncle was pressured to sign of the project is completed though assured the issues raised at this meeting would be addressed. Unfortunately the Building Contractor is demanding Payment and is not finishing the work he had agreed to finish. He is claiming this work to be "Additional Work" when in reality it was work set out in the JCT.
I would like some advise on how my uncle may need to proceed should he want to start legal proceeding based on the JCT not being fulfilled correctly.
Any guidance / reference to sites would hugely be appreciated.
Regards,
Pos1tive
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