Builder help/dispute over deposit

[Paperplain]

Apologies first of all for typos as on phone...

We are overseas and rent out house out. Arranged via our agents for builder to do works on our roof for 7,300. Felt it was an expensive quote but needed the works doing. He wanted a 60% upfront deposit which we thought was too much for a week and a bits work. We agreed at 30%.

He then came back after 4 days asking for another 30%. I asked for breakdown of costs and agreed to pay another 10%. He is now demanding the balance (due to finish this Friday) or threatening to pull the job. I've said that I will pay the suppliers directly but as i am overseas and not there and given the job is short I just feel that 60% to h is just too much.

AIBU 1 should I just cough up? What if I dint and he pulls the job??

Arrgghhh.

He has just said if I don't pay he balance by midday he's pulling the job. Apparently I can't pay the suppliers directly as it doesn't work like that.
What a mess

Say that you will stick to what was agreed to in writing.

You do have a written contract or similar yes?

Yes we have a written agreement for the 30% to be paid upfront and the balance on completion. Have spoken with my agents and they are going to speak with him.

Ask him for a breakdown of the costs. Pay materials up front and pay labour for all work carried out last week. Assure him you will pay the remainder of the labour (ie this weeks work) when the work has been carried out. Get your agent involved to check progress so far, mid week and at the end of the week.

It is not usual to pay for labour before it has been done. I suspect he has a cash flow problem and needs this money to pay other outstanding bills. Don't pay any more.

Thanks forgiveness. I've offered to pay suppliers directly but he's said it doesn't work like that (it does!). Have spoken with my agents and he is going to speak with him.

There is nothing wrong with attempting to renegotiate a contract.

But you are under no legal obligation to accept his new offer. If he refuses to fulfil his contractual duties, he may very well be in breach.

Perhaps a more -up-to-date legal eagle here can advise on whether a new agreement would be a valid contract. There is a murky thing called "consideration", and I don't see where paperplain would be receiving any "benefit" from a new arrangement.

Finishing a job is not consideration.

Yes you're right make our fortune. We very clearly agreed on 30%. He will be very clearly in breach if he pulls the job without even attempting to let me pay the suppliers directly.

I guess it would be a variation to the original terms which is fine. But I haven't accepted the increased deposit so no variation anyway!

I think you are being a bit U. If you want the job finished on time I think you should pay him so that it at least covers materials and labour for last week.

Why do you want to mess about and pay suppliers directly? You would probably not get the same discount as the builder anyway?

Or do you expect to get your builders trade discount whilst purchasing directly yourself?

The figures he has given me, the 40% deposit covers last weeks costs. I'm not sure about trade discounts applying, but as I'm not there and can't see the works or the job (and that he's suddenly upped the deposit) then thought that might be a good compromise. I see what you're saying but his tone and threatening to pull the job rang alarm bells. Happy to pay if it's the norm...

To cut to the chase, so to speak.....is this a reputable builder?

Well that's the issue, I don't think a reputable builder would behave like this. It's a builder the agency uses - I've spoken with them and they've only just started using him. Companies house records show it's a new company formed in 2016. Just feel uneasy at the level of "you must pay this or I'm pulling the job" when he's already got 40% upfront and works due to finish this week.

Why don't you speak to him and find out why he needs to change the contract. There may be a very good reason for it. Maybe your materials have cost more than he anticipated.

He doesn't want you to pay the suppliers directly because he has marked up the cost I expect.

Any reputable builder doing a job of that size should have access to trade accounts with builders' merchants and be able to stick to stepped payments.

If this is a job that lasts only a week there is no reason for

Sorry - pressed post too early!

... there is no reason for extra payment. He should be able to last a week waiting for payment.

I'm not a solicitor but it would seem that he'd be in breach of contract if he pulls the job and you'd be sensible to seek legal advice to solidify your position.

As a half way house for this job, can you lodge the funds with the agency, and have them pay on completion? So you are proving you have access to the money, but he doesnt gdt ut until the job is complete?
Our agency just pay the tradesmen from our rent, and deposit the balance each month in our account. For the second time today, I have realised what an amazing job they do for us. I hope the tenants think similar of them.

No don't pay, my husband's a tradesman he would never, ever expect full payment before the job is finished. That sounds dodgy. Thirty percent upfront is fine for materials. The rest no and I'd not give in.

He has a cash flow problem and is bullying you to get money up front. If he walks away then he won't get any more money which won't help his situation at all. I wonder why he won't let you pay for supplies?
Probably because he needs the money

Yes Harlot, I think he needs the money for another job. Says I can't pay the suppliers directly as he pays on the phone when he orders and its not how it's down - maybe not.

Agents said they would speak with him but just woke up (in different time zone) and another email from him threatening to pull out and nothing from the agents.

He might not have credit to get the supplies and needs money to purchase what is needed to finish the job. With no account at suppliers he will have to pay first or go to a DIY store.

It may be that he is too new to have built up an account with a supplier.

Yes Toad, that is absolutely a possibility - his tone is quite aggressive though and I have no way of knowing if he is genuine (as I'm overseas). Nothing from the agents and just emails from him saying pay another 10% of I'm pulling the job. Feel like telling him to pull it then and I will sue him for breach of contract. Feel like I'm being bullied as he is quite aggressive in tone.

Call the agent, tell them to kick him off the job, secure the property and find someone else to finish the work.

Do you have any family or close friends who can check on the house for you?

Moany, we have tenants there and friends close by who can check the house yes. Not sure what state it's in, he said he would be finished by this Friday so I'm assuming he's removed most of he roof. Agents are next to useless.

have you googled the builder's name?
new company relatively recently for a (presumably) not-fresh-out-of-college builder smacks of serial 'folder'. (I hope I'm wrong)