We are in the middle of a fairly large extension project. We have just fired our builder and hired someone new. The old builder had originally quoted 16-20 weeks to do the job, but we are 11 months in and he has only finished about half of it. We repeatedly asked him to speed up, but he would spend maybe 10 hours a week here at best. A few weeks ago, we sat down and planned out the next 2 weeks with him, hoping to get him back on track. We told him we were prepared to find another builder if he did not speed up. We have the details of this on an email record. He did not stick to the plan, so we waited another 2 weeks to give him a bit of extra time. Again, he didn't finish so we decided enough was enough and found another builder.
After we fired him, we had a meeting with him and the building inspector, who pointed out several issues with the roof and other things that needed fixing. Some of these had already been pointed out in February when the building inspector was last here, and some are new. We have a copy of the building inspector's report from both visits.
The old builder wants to fix the issues that the building inspector brought up, but we decided to just move on and have the new builder do it as there are too many problems and the old builder works too slowly. It will cost us more, but we are wondering if we can claim some of those costs back from the old builder? At the same time, the old builder wants us to pay him money for the roof.
I guess my question is, do we have enough evidence to legally claim money back from him, or at least avoid having to pay him anything further. We have:
- Given him a chance to get the work done. In fact, in January we asked him to be finished by mid-March. Then mid-March we worked out the two-week plan with him. In addition he hasn't fixed all the issues that the building inspector brought up in February.
- Got the building inspector's report and taken photos of everything that needs fixing.
- However we haven't got quotes from new builders for the fixes. Our new builder is doing the fixes on a day rate. Once those are done, he is completing the rest of the job on a quote basis. Will invoices from the new builder for the fixes be sufficient evidence. Do we need quotes from additional builders?
TIA