Our builder is crap, so here's my plan.

[darcymum]

I have asked him to bring an up to date bill with him on Monday as costs are running out of control (true). We are going to stop work for a while. Another builder is coming on Tuesday to basically redo lots of his work and then continue what has not been started if we are still ok for money.

My plan was to deduct the cost of second builder fixing the stuff the first builder did from the first builders bill. Do you think this is ok? I don't think we should have to pay the first builder to do the work and then pay again for another builder to come out and fix things.

Another reason I feel very bad about doing this is that the first builder is currently having treatment for cancer. I have made a lot of allowances because of this but he is so slow and the work is really poor that it really needs doing again. The plumber and electrician both think I should have got rid of him a long time ago.

Am I being a bitch, or is this ok?

I'm not an expert on this, but I'm not sure you can just "do" this without giving him a chance to put right the things he has done wrong. He could have a case against you for breach of contract.

I have talked to him about all the holes and gaps everywhere plus I'm paying him by the hour (and he's so slow) we he tries to fix things it just seem to make them worse. Plus so far I've been paying him for all that extra time trying to tidy things up. For example, he has plastered all the sockets into the wall, it looks a mess and the electrician is going to have to take them all off to test them so it will need redoing anyway. I have been told that he should have unscrewed the cover, plastered up to the box then screw the cover back on. This would make it easy for the electrician to test them without disturbing the plaster and would look a hole lot better.

Even I know that about plaster (or wallpaper)! Sounds like you are going to have to get rid of him - will it cost you much to pay him though? I was just thinking it might cause legal problems and/or aggro if you don't...

Don't know we'll see how much his bill is on Monday.

Have you given him anything in writing to tell him of poor work?

Do you need building regs sign off? If so, then get the building inspector round to give you his view and a list of what needs to be done to meet building regs.

If you do pay your builder anything you MUST give him a cheque with a letter which states your reason for deductions - clearly and simply and state that this payment is in full and final settlement. Then, when he does cash the cheque he is effectively accepting this as a termination to the contract - but that is not water tight and could be argued in court.

Sound like i've been there before - oh yes! Although outcome in court was basically that i paid him for work done, not the whole job. Doing the above helped me though. It is sad that he's got personal issues, but he is still running a business and no doubt has people working for him, so you should still expect the job done and you do sound as though you've been reasonable. Good luck!

Trading Standards? CAB?

Thanks for the very helpful advice everyone.

He has just given me a bill, firstly I am going to ask him for a more detailed bill explaining how he got to that amount. Try and resolve to informally with him and if not the federation of master builders has a dispute resolution team, I thought we could use them.

Does anyone have any experience of this?

He is here today and I have just asked him to try to put right all the things that need doing, today is his last day.

Oh, and I haven't given him anything in writing but will do, with pictures.