I need your wisdom- where do i stand legally?

[grogsygreen]

Long story short- having our home renovated, moving in very soon with 3dc. Basically builder has gone through all the money and won't commit to a proper quote to get the house in a habitable state. When I say habitable there is no bathroom, kitchen, floor, electrics not finished, gas etc. House a complete mess- he has not managed the build at all .
We went with him because he had worked for us before doing smaller jobs and he said he could do the renovation for less then the other quotes...famous last words.
now he's saying it will be approx. 10k to finish the job- which means he will be more expensive then the other builders. What shall I do? He is saying I owe him money for the electrician and wages for the other guys working . I have been asking him for weeks to let us know how much each job will cost as the budget was always tight and we didn't want to get to the end of the money without the house being vaguely livable in!
Where do I stand legally in asking one of the other builders to finish the job? We didn't sign a contract and he has had nearly £40,000 which was our budget.
Many thanks- I feel so fed up with the whole thing.

[wowfudge]

Do you have a written quote detailing the costs of each element of the work? Do you have receipts for the money you've given the builder? Has he provided proof of the costs he has incurred on the project?

Does he have a limited company or is he a sole trader? Is he a member of a trade body at all?

Contracts are there to protect both parties, though that doesn't help you now.

[grogsygreen]

Thanks wow, we had detailed quotes off the other builders but not him stupidly. Although I now have a quote for remainder of the work.
He has told me various costs of stuff but I have not seen any receipts.
I transferred all money online so have proof that its gone into his account.
I think he is a sole trader- no contract signed .
I am thinking of either getting him to finish the works but withholding payment until the job is completed to a good level which I doubt he will agree to or asking one of the other builders to step in and finish.

[wowfudge]

In your position I would ask him for a meeting and request breakdown of where your £40k has been spent and copies of receipts for materials. I believe a 10% contingency is sensible, but if nothing is actually completed and habitable then you need to know where your money has gone. Tell him you won't out another penny in until you have those details.

You need to not be emotional or accusatory - factual and looking for a solution is the way to go.

I'm afraid it sounds as though he is out of his depth. If you can't get that information from him then I think you may need to sack him and get someone else in to put things right.

[grogsygreen]

Thanks again Wow- you have hit the nail on the head I think he is inexperienced in dealing with lots of other trades and pulling them together. We are going to meet with him tomorrow and ask for receipts/proof of spending- I really don't want him in the house again but if I can get him to complete the work in the next couple of weeks for a set amount payable on completion that may be the best resolution to the problem.

[wowfudge]

If you keep him on, make sure you only pay him once you have the certificate for the electrics and the building regs sign off.

[grogsygreen]

Thanks again , great advice. The electrician seems to know his stuff although taking his time. I may ask him to finish the job even if I replace the builder. I am dealing directly with building control but a good idea to withhold payment until its signed off.