Builders stopped working on project (3 month delay and counting)

[marty279]

Hi All,

A little bit stuck and need some advice. I am currently having a disagreement with my builder and they refuse to continue working unless we pay in advance as opposed to paying after works complete which had always been the way throughout the project. There has been a deterioration of the relationship and the firm feel they no longer trust us although we have never missed a payment, agreed to multiple changes to the project cost and price changes to the original quote. We have been quite unhappy with some of the work and I think that may have upset the director.

We are not really comfortable paying up front as there are (in our eyes) numerous snags which the firms director has admitted too one of which resulted in someone being electrocuted by a low voltage circuit being exposed in an obscure location without any warning signs due to the electrician forgetting about it

So far

1. Project is currently 3 months behind
2. Builder has stopped working on project until we pay in advance
3. Have retrospectively billed us for additional works without seeking approval first (some additional works were done following approval some not) [we paid the costs]
3.1 Even after sending them an e-mail requesting we adopt a formal process for additional cost they repeated the same mistakes [we still paid the costs]
4. Changes to parts of the quotes (they underestimated what was involved even though scope hadn't changed to affect that line item) [we agreed to the change of quote]
5. General workmanship not (imo) to a high standard but this subjective in some parts but obvious in others (our toilet is now running off hot water after previously running off cold water)
6. Some negligence (left exposed live circuit) < if the victim wants to make a claim am I or the firm liable for this?

We are deadlocked, I have been left disappointed by this firm not sure what my options are. I want the work done but I feel the cost to correct and complete the job is greater than the outstanding amount.

Thanks

[paulajayne]

Did you have an initial contract with them?

[marty279]

Did you have an initial contract with them?

There is a contract. Just not sure if I have grounds to terminate the contract, I am not entirely confident they have the ability to complete the work and/or correct the snags to a satisfactory standard.

There may be simple resolutions to the problems (snags), but having an exposed live circuit, toilet running off hot water, flickering lights (I have quite a few snags). I feel like there have been so many issues with quality that I am beginning to worry about what I haven't discovered yet.

[marty279]

Still trying to get them back on site without luck, turning into a bit off a nightmare

[islandgirl]

May be an obvious question but if the relatiionship has deteriorated so much why not approach them for a mutually agreed tearing up of the contract? They may be happy with this.

[des8]

If your agreement was that you paid a deposit and then stage payments as work progresses, and the builder is now refusing to work without payment in advance, you could probably consider that as a repudiatory breach of the contract. Especially if he has removed his tools from the site.
That would put you in a position to initiate court action for damages.

Their probable defence will be that you have failed to pay an invoice.
However a builder does not have the right to suspend performance of the works because the employer has failed to make an interim payment, unless permitted by the contract.

However what is the wording of that contract?
Without it any advice on here is purely speculative