Getting out of Builders Contract

[mstevo21]

We have had building work that was scheduled to take 12 weeks.

We are still waiting for completion 9 months down the line.

There is one final payment to be made on completion which are yet to be invoiced for.

There is a paragraph in the contract that gives us the right to. Cancel the contract should they not be on site for a period of 14 continuous days. They have not been for several weeks so we want to exercise the right.

to do so it says we must in writing tell them to restart work or work steadily. If they fail to do so within 7 days we can cancel.

we sent this letter on September the 13th. What do we interpret as within 7 days? 7 days since the letter was sent or 7 days since they received the letter?

they have informed us today (16th) that they recieved the letter and will be back in the 23rd which I believe falls out of the 7days as we sent the letter on the 13th giving them until the 20th.

thanks

[atticus]

Please post the exact wording of the clause providing for termination on notice, and any clause relating to the goving of notices.

Bear in mind 13 September was a Friday. A letter sent then to an office address may well not be seen until Monday, 16 September. 7 days after that is Monday 23 September.

[mstevo21]

Thanks,

this is the exact text from contract

17. Delay or disruption

Without affecting your other legal rights and remedies, you can end this contract in one (or more) of the following circumstances:

If we:




• Stop work for 14 days in a row; or

• Fail to work steadily;

• and you send us a written notice, telling us to restart work or work steadily and we do not do this within seven days of receiving your notice.

• If we become bankrupt.

• If we go into liquidation.

• If we make a composition or arrangement with our creditors.

• If a receiver or manager is appointed over our business, unless this is to amalgamate

[atticus]

Did you spot we do not do this within seven days of receiving your notice? Can you prove that they received your notice before Monday 16 September?

[mstevo21]

Yes we did, that’s why we are asking the question.

is the 7 days since the letter was sent, or received?

We can only prove the letter was sent on the 13th. We assume it was received on the 14th but couldn’t prove this.

[islandgirl]

With the postal service the way it is, this is a brave assumption!

[mstevo21]

Ok I take your point.

but legally it’s all about when they recieved it in taking from this.

so if they turn up on 23rd we must let them in or be in breach of contract?

[atticus]

Yes.

[mstevo21]

Ok thanks,

so reality is we have to let them in on Monday.

if we don’t and we say we have ended the contract they can then start court proceedings against us?

they haven’t completed the work so final the installment due on completion of 2.5k not been sent. I assume this is what they would go to court to claim from us, even though thy never completed?

all other instalments were paid in full on time.

or could we say we want to end contact and not complete the project with them so not be due the final installment?

[islandgirl]

Why not let them finish it then pay them if you are happy less any costs you incurred to get them back?

[atticus]

Re post #9:

Q1 No; Q2 Yes; Q3 No. You have signed a contract, and are bound by its terms. islandgirl gives good advice.

[DE DOGS]

South Africa. on entering a contract for building work, there must be a person on-site for seven consecutive days, if he leaves the site for one day, the contract is void. It does not help a lot in your case, but it shows the difference.in contracts

[mstevo21]

Re post #10

regarding their speed of work we expect them to come on the 23rd then probably not again for a week or 2.

how can we define working steadily in this case.

also advice on the contract period.

it reads:

The building works will commence on Monday 8th January 2024.


It is estimated that the building works will take 12 weeks to complete (contract period)

it’s now September. Is this enough to cancel the contract as reading that I believe we are not in contract anymore.