Builder (and husband) trouble

[Molldoll831]

I know this is probably a first world problem and it may be pregnancy hormones making this all seem worse but please bear with me...maybe I'm being unreasonable getting so stressed about it when in the grand scheme of things I know there are worse problems?
I'm 38 weeks pregnant and we have a DD who's just gone 3. It's been a rough pregnancy and I've had a few complications which have taken their toll. Back in Feb we hired a (seemingly very reputable, great recommendations and saw previous work) contractor to build a small extension which was going to be a cosy living room/playroom for DD and somewhere for me and the kids to hang out especially with a newborn cluster feeding etc. He gave us a ballpark of 6-8 weeks though we knew there could be delays with weather etc. All went well at the start and we're now 17 weeks down the line. The garden is still completely destroyed so my DD can't play outside (she's cooped up in the house and I can't chase after her in a park), there's debris and rubbish everywhere front and back, theyve botched the plastering, painting and wooden floors to varying degrees which all have had to be done again (some still aren't fixed) and we're being given the complete run around by him promising the earth, moon and stars ("I'll have it done by next Tuesday, the plasterer will be here tomorrow, I'll get the snags done"). I've been in tears the last few evenings and so physically stressed. I'm sick of living on a building site, sidestepping tonnes of gravel and rubbish outside my house, with nowhere for my kid to play and dust and dirt everywhere. It's looking likely baby will come before it's done as well.
The real kick in the teeth is I've discovered my husband bloody well paid him everything upfront so he's no incentive to get it done really. He says he got flustered and didn't realise when he was paying in stages how much he handed over. He also didn't get a contract with a proper timeline (I was properly ill at the time this went on so trusted him to handle that bit). I am beyond pissed with him and am trying so hard to contain it but I can't believe he would do that and I'm struggling to be civil with him. I'm at the point now where I want to take DD to go stay with my parents until the work is done as at least they have a garden and space for her to play. What can I do?! I've tried appealing to the builder formally and informally, my husband has tried, I just am at my wits end and at a loss as to how to get my house back...help!

Omg u have been ripped off never pay a builder up front only go and order materials with him and pay them and mark it down keep receipts etc ure going to need to hire another builder that is going to have to start again ure husband rushed and was taken in by this scammer contact trading standards and complain they will look into his company and fine him or shut him down no refund though I'd need to take him to focal court

I would go and stay with your parents, at least for a week initially, force the issue.

parents.

Okay, your DH has been an idiot (and a bit weak) in his dealings with the builder.

In terms can your DH hire a skip and do some useful work in clearing up the garden to make it usable? You may have expected the builder to do this but getting the site clear will speed the plough. As soon as any dangerous stuff is clear you can then sit in a chair in the garden, watch your daughter and point out to your DH all the bits he has missed .

This may also help your DH as then he will be doing something to solve the problem rather than just hand wringing.

Unfortunately the builder appears to be a big chancer,took money upfront.
Yes your dp shouldn’t have paid upfront but you know what the builder was prob v persuasive and made it so plausible. And I expect dp wanted work completed quickly knowing you're pg
Your dh was naive but Person really at fault is builder

I suppose get firm with builder,repeated calls,email to resolve issues
Give builder a time frame
Look at your sanctions / options eg small claim court, bad web review with photos

And hope it resolve
And best wishes with pg

Sorry, that should say In practical terms

Switch on the tears in front of builder and his team. Don't strop. Just look like the broken woman that you feel. Pick your moment when whole team are present. Go for it.

Tell the builder he has 14 days to get it finished or an honest review along with photos will be posted on check a trade (if he's on there).

Also, that you will report him to trading standards.

My DH is a builder and I can honestly say no one has ever paid us upfront in full!
Stage payments are normal, we usually ask for a % as the job progresses.

If you can't withhold payment, then naming and shaming is your only recourse, with court as your final option.
Your best bet is to try to work out a timetable with the builder to get the work finished. Make a list of what needs to be done, what isn't up to standard and what has been finished. Agree the schedule and keep pressure on him to finish it.

Has he taken on another project so he is struggling to cover both jobs?

I feel your pain OP as I am on week 3 of a renovation project and am sick of the mess already - and my DCs are no longer at home! The electricians consistently fail to turn up when they say they are coming and I need them to finish by tomorrow. I should have had tis week free for painting before they start the next stage next week but keep delaying painting certain areas as the electricians would be working in that area - if they ever showed up!

The more of these building stories I read on here, the luckier I feel though. We had a big extension built a number of years ago, then last year we had a lot of work done on the outside of the house (different builder to 1st project) and now we are doing a major internal renovation (same builder as last year). We have never been asked for stage payments never mind payment up front. On all 3 occasions it is invoice at the end of the job - builder pays all the other tradesmen he brings in.

You need to give your chap an ultimatum and then threaten him with court action if he doesn't complete. she says as she is still waiting for the electricians to arrive yet again, having promised they'd be here this morning!

FFS do not "switch on the tears," as Tinkobell suggested. Acting like an infant isn't going to make him work faster. Is that how you solve all difficult issues @Tinkobell??

OP as stressful as this is you need to prepare to start county court proceedings against him. Ensure that you have all your evidence, receipts etc. Did you get any sort of contract? Write him a letter (send recorded) asking for either your money back or job completed within a set amount of time. State that if he doesn't comply then you will start court proceedings on dd mm yy. Good luck

I would speak to a solicitor and see if he could be taken to county court , be aware he could just go busy and start again. In the meantime try and get another builder round to get an idea of costs and timescales to finish what has been started.

No I don’t! In actual fact I have built a house on time and on budget. The OP & her DH have made every error. If there’s no contract this will be hard and costly - recouping money paid for works not done and then finding and engaging a mop up builder. Their best chance at resolution within the budget paid will be to try try try to appeal to the builders better side by whatever means possible. First off.

Op - are some of the team still actually working on site (good sign) or have you been deserted?

What's the contract or build value? If it's quite a value and the builder simply won't crack on and finish, then you need to ask a Quantity Surveyor (RICS website - residential specialist) to come to site. They will apply a £value to works completed to date plus any materials left on site. This, plus any deposit invoices for goods paid that the builder must produce on request constitutes a fair value of the works completed to date.
This would form the basis of an arbitration to either complete or refund less goods or services received. Or legal action if you had to take that route.
I would be cautious of asking another builder to just quote. They tend to take advantage of situations like this and you could be lurching from one bad situation to another. A QS can meet your main builder on site and speak to him.

When DP was with his ex, they had a similar problem.

They eventually chucked the builder off the job, got quotes to finish it, hired a new builder and sued the arse off the other one through the small claims court. They got £12k off him in the end, at £1k a month.

Speak to the builder. Get him over in person and ask him what's happening.

Give him say a 2 week dead line to finish, if not he will need to give x % of your money back, go back to the quote and invoices and work out what has and hasn't been done to cost the refund up. Clearly set out in simple steps face to face expectations and a plan for finishing. Tell him that if it's not done then you will have no hesitation recovering it through the courts. You may want to get in a couple of quotes for finishing the work from other companies to clearly show what needs to be finished and an idea of value.

Is he a sole trader or LTD company? Have you looked at his accounts on Companies House to see if he's solvent (Well, solvent in the past few years...)

The QS advice is good. We did this when our builder went bust on a community build.

Agree with QS and a formal site meeting. No builder actually wants to be taken to court.

And yes, go to your parents for a break.

I usually get annoyed with precious posts like 'I hate having the builders in my house', but OP, your post is a whole different ballgame! YANBU at all, and the whole thing sounds unbearable. Really feeling for you

You need to pack up your things for you and DD and decamp to your parents.

You don't need this stress, you are heavily pregnant. Leave your DH to sort out the builders and get looked after by your mum until the building work is complete.

Seriously OP. You should not have to be dealing with this right now.

Hey all many thanks for your replies. There was a major discussion/face off between him and my husband who told him in no uncertain terms he had until X date to get his materials, his men and himself off the site (I may or may not have been adding my tuppence worth in the background which went along the lines of "I don't give a sh*t what still needs doing, I'm done, I want them gone!) He told him if there was any work outstanding we'd take it further to get our money back. That seemed to spur things on and there was a few frantic days of work (including men here until 11pm some nights doing electrics etc) There ended up being only a couple of small things left over (a bit of painting to be done on an outside wall) but we'll do that ourselves at some stage. The main thing is, it's done and we got the build that we needed. The guy was majorly apologetic and had lots of excuses about other builds going on and cash flow and other stresses etc and got quite emotional with my husband on the phone...my sympathy had run out though at that point. Luckily it all got down as I ended up going into labour about 6 days after they'd all finally buggered off!!

Congratulations on all fronts Molldoll831 I hope you are all settling down now and enjoying your extension with DD and the new baby.

Did you have a girl or a boy?