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Builder woes

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  • Builder woes

    Hi guys

    First post here, so apologies in advance if its on the wrong forum, i couldn't find anything specific that seemed to cover it.

    Here goes though, im trying to stay as factually accurate and objective as I can, as I understand there is usually 3 truths, yours, theirs and the truth..

    My elderly father in laws house fell into disrepair and we made arrangements for him to move out while we found and engaged a builder to take on the work and make the house habitable again.

    We found who we thought was an ideal partner and engaged his services. The costs for the repairs were eye watering, but as we were unaware of the costs or effort involved we trusted him and signed up. And he was also mid way around the other quotes we received..

    The work started in July and is still ongoing, 6 months into a 12-15 week programme, with no real or acceptable reasons behind it, thats by the by though, it is what it is, we cant roll back the time. we signed up to pay weekly for the initial period, a sum of £5700 give or take, on a balance of £45 k. The last payment is around £1250, and this was supposed to paid on completion of the job, this is where the problem is now.

    He is insisting that the job is completed and wants paid, understanding is that the last payment was to cover snagging , and for us to agree it is completed, so we can both go our separate ways. There is some aspects of the works that are simply atrocious and unacceptable. I've pointed this out and have said we have no issue settling the bill once the job is completed to just an acceptable level, never mind the high quality finish we were promised. We have had this argument over the past couple of days now, and this morning i received a mail, stating if we didn't settle he would take action accordingly.

    If i pay the final bill, that will be it done, me agreeing the job is complete, when its not, accepting sub standard work and we will never see him again, as like i say, he insists its done.

    I asked him to elaborate on what he meant by his last statement but have received no response, i can only assume he means to either go into the property and remove items or works, or try and go down a legal route.

    The contract is clear i think, it says on completion, the ambiguity i suppose is my definition of completed and his.

    I feel confident that no court in the land would uphold any claim of his, but am still worried, I signed the contract on behalf of my father in law and feel liable for not only this, but the fact my father in law has spent every penny of his life savings and is still not in his house.

    Apologies for the length of post,

    Thanks in advance if anyone can respond.





    Tags: None

  • #2
    In a nutshell, you signed a contract for work on property not owned by you (it's your father's house) and used his money to pay for it. Is that correct? This may need exploring further if the matter goes legal.

    Also, I don't quite understand what you mean here...

    The work started in July and is still ongoing, 6 months into a 12-15 week programme,
    So, it's still not finished then? I presume you have no damages clause entitling you to deduct sums if the work is finished late? What type of contract is it? Is is the builder's own form or a standard form?

    Also

    we signed up to pay weekly for the initial period, a sum of £5700 give or take, on a balance of £45 k.
    How does this work? What is the initial period? If the agreed price was £45k, when and how exactly were the payments made and who were they made to; the builder personally or to a company? Did you not agree on stage payments so that funds could be paid on completion of certain milestones?

    i can only assume he means to either go into the property and remove items or works,
    I don't believe he can remove items of work. Refer him to the Rule of Quicquid plantatur solo, solo cedit (''What is fixed to the land becomes part of the land'). Once they are fixed to the property, they become fixtures and are part of the property. However, that depends on the degree of annexation. For example, in Air-Cool Installations v British Telecommunications [1995] air-conditioning equipment which was bolted to the walls of a building had a sufficient degree of physical annexation so was deemed to be a fixture. Removing fixtures without the owner's permission is likely to be classed as criminal damage, even if they have not been paid for. The liability to pay remains but the title in those goods passes to the building owner when the goods are permanently fixed in place. This could be worse for him because the work was done on land not owned by either party. This may preclude any claim for unjust enrichment.

    Make a video of the whole house, film the room(s) with commentary noting the specific items that you are dissatisfied with, then take a good quality photograph of those items. You may need them as evidence later. Compile those photographs into a written report and send it to the builder. Ask him to consider your comments and respond formally in a letter.Tell him that you consider the workmanship to be substandard and if there are no formal specific standards to achieve then the default position is the work must meet British Standards or the standard expected of a competent builder.

    This would likely be your first step....

    Comment


    • #3
      Hi there, thank you for responding, apologies for not responding straight away.

      Originally posted by Ripped-Off View Post
      In a nutshell, you signed a contract for work on property not owned by you (it's your father's house) and used his money to pay for it. Is that correct? This may need exploring further if the matter goes legal. - Yes this is correct

      Also, I don't quite understand what you mean here...


      So, it's still not finished then? I presume you have no damages clause entitling you to deduct sums if the work is finished late? What type of contract is it? Is is the builder's own form or a standard form? - No, there is no clause to deduct or claim against late delivery, although his contract does state that he should tell us and give good reason why it might be delivered late, which he didnt.

      Also

      How does this work? What is the initial period? If the agreed price was £45k, when and how exactly were the payments made and who were they made to; the builder personally or to a company? Did you not agree on stage payments so that funds could be paid on completion of certain milestones? - We paid £5700 per week until there was £1250 (not the exact amounts, im just rounding) The remainder is supposed to be paid on completion of the job, and to cover snagging. I have no issue at all with paying the final balance, but know as soon as I do, he will be gone. He is insisting now the job is completed as per the contract and is denying the snagging part. Although just a quick look into it on my behalf seems to corroborate with something you mention below, the work is sub standard, and I think I am within my rights to with hold payment until its resolved. Also, as soon as we had paid everything apart from the remaining sum of £1250, is when the issues began, him not turning up for weeks with no reason at all. Its been an extremely stressful time for us all to be honest.

      I don't believe he can remove items of work. Refer him to the Rule of Quicquid plantatur solo, solo cedit (''What is fixed to the land becomes part of the land'). Once they are fixed to the property, they become fixtures and are part of the property. However, that depends on the degree of annexation. For example, in Air-Cool Installations v British Telecommunications [1995] air-conditioning equipment which was bolted to the walls of a building had a sufficient degree of physical annexation so was deemed to be a fixture. Removing fixtures without the owner's permission is likely to be classed as criminal damage, even if they have not been paid for. The liability to pay remains but the title in those goods passes to the building owner when the goods are permanently fixed in place. This could be worse for him because the work was done on land not owned by either party. This may preclude any claim for unjust enrichment. - Hopefully not.

      Make a video of the whole house, film the room(s) with commentary noting the specific items that you are dissatisfied with, then take a good quality photograph of those items. You may need them as evidence later. Compile those photographs into a written report and send it to the builder. Ask him to consider your comments and respond formally in a letter.Tell him that you consider the workmanship to be substandard and if there are no formal specific standards to achieve then the default position is the work must meet British Standards or the standard expected of a competent builder. - I will do this, I have already documented it, taken photos and sent them to him, he has not responded at all, i am hoping he is taking a christmas break but my heart is telling me he is not responding because he is thinking about taking it further himself. I dont think i am impartial enough, but i honestly dont believe any court in the land would support his claims, but we will see.

      This would likely be your first step....
      I am thinking of jumping ahead of him and registering 2 separate grievances, one with the federation of master builders which he seemed to put great stock in, but i doubt they would have any influence or sway over the matter.. and also the CAB which I understand I need to do to raise a complaint with the trading standards..

      As I say, i dont think any court would support him, but i am terrified, the pressure of the arguments with him, then having to relay this to my elderly father iun law, while keeping the missus happy has been one of the most stressful experience's of my life.

      Comment


      • #4
        Normally, the first place to look for the answer to any contractual problem is the contract itself, presuming there is one. From what you say, there is a formal contract in writing.

        If you can post a copy of the redacted contract (remove names, addresses, costs etc) that might help me or someone else to better understand your contractual position. In the meantime, have a look at Kang & Anor v Patter [2021] EWHC 1101 (TCC). The case focuses on a number of legal issues, two of which were defective and delayed works to a domestic property by a builder. You may find something in it of interest...

        http://www.bailii.org/ew/cases/EWHC/TCC/2021/1101.html

        Comment


        • #5
          I know this is possibly too late but. Our Grandaughter and Husband purchased a property. Right repairs were needed but the property was livable. So looking for a reputable Builder, (stop laughing) she employed one, before commencing any alterations, she drew up a contract for every part of the job that required attention, and she then agreed on a price and fixed a time limit, the builder underpriced the job but as there was a contract he lot money, he then tried to avoid finishing, after a couple of phone calls that was sorted. Now she is a Mortage adviser and so knows all the pitfalls with so-called builders, As my teacher once said. There endeth the lesson for today you are warned.

          Comment


          • #6
            A detailed quotation to make good defects from another builder would def help in any court case. Ask the builder to price the items separately.
            In the end you might need this builder to do the work and deduct it from the £1250
            If his price is significantly over £1250 you could consider taking the original builder to court for the difference.

            Comment

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