Builder not completing work.

[GirlFromMars1]

Have had extension and work in my house. Our contract states we are not to pay final payment until work is complete and certificates are issued. However builder has been pestering us for it now even though they still have other bits to do. He keeps saying this job has cost him so much and they've made hardly any profit on it. We've already had to pay about £17K over the original budget (£100K) for unforeseen stuff. He has now dropped the bombshell that he won't do the patio which was in the original quote (costing about. £3K) as they did another job as an exchange for that?! This was never discussed! (Any other variations in the quote have been emailed to us and we've agreed them) AIBU to withhold the final payment until he has done the work? I don't want the stress of him threatening court action but I really feel like he's in the wrong with this. Please advise how to handle it!

[johnd2]

If you just want rid of him probably best to say he's got two options with the patio, either he does it as per the quote, or you're happy to take it off together with the respective payment.
Sounds like a try on with the patio. Although if he's making a loss he's not going to be too happy to carry on, so it may be worth negotiation things, although at the end of the day if it's a fixed price you probably paid extra for the builder to take that risk in the first place.
Our work is nearly finished and there have been so many issues although not really to do with the house, the builder probably isn't making money. They've all got great attitudes but as I've no budget for extras anyway, I can't really get any extras. It's a shame it's choosing more but I suppose building is an unknown science. However I will probably be recommending them to the neighbours as they are working hard to do it well.
Good luck with the build!

[user1471549018]

Did they do another job costing 3k that you haven't paid for? How much is the final payment for and how much work is still to do? I agree it's best to negotiate with him and just get it finished if at all possible. Maybe split the final payment into 2 or 3 smaller instalments. It will end up costing you loads more if he leaves half way through.

[Millymollymanatee]

You had a contract which the builder is now breaking. You can use the small claims court quite cheaply but just threatening him with it could get results. Don't let him get away with this shoddy service.