Builder issues - advice please

[JugglingChaotically]

So all went well for first 2 months. Ahead of schedule.
Architect monitored and confirmed regular valuations.
Then any variations became very highly priced
Then windows paid for not delivered
Turned out when we asked for proof of order (given none appearance and cash in advance) than they were only just ordered.
Ditto floor.
Now the work on site has slowed to almost snails pace.
Only plasterer there today.
Only electrician other day.
Was forecast to run 6 weeks late a week ago.
On Friday that was revised to 8 weeks.
What had been agreed was that we would move back 2 to 3 weeks before completion and remaining work would be external or around us.
What best to do?
There are penalties in contract but it seems to have no effect.

[HappyGoLuckyGirl]

It sounds like your Contract Administrator hasn't got a clue.

He should be attending site and valuing work done. Work and materials that he can see with his own eyes at that point in time. I've had "oh well, it will be done/it will be here in a couple of days" said to me in the past. Doesn't matter - not done or on site (not just ordered) then you're not getting paid for it.

Standard JCT Minor Works 2011 is a standard 14 days payment after certification but that can be changed; was it?

I've never heard of a client paying upfront for materials? Only on dodgy cowboy builds which this doesn't sound like.

[JugglingChaotically]

Kahlua - thanks. I have no wish to get another team in! Appreciate the advice re electrician though. Makes sense and I hadn't thought of it.
Meeting being arranged.

[JugglingChaotically]

No there was no change in payment terms.
We generally paid within a days or few or a week at most as I do that with all bills.
We always checked with the architect and a few times he did suggest we wait a few days till work caught up!
We were on holiday when one invoice was issued builder threw a fit and I called architect who confirmed not due for another week.
It was a mistake to pay ahead for windows and floor.

[JugglingChaotically]

Really appreciate your guidance on this Happy.
Looking at the latest valuation backwards ie what is physically left to do versus what is left to pay being contract price minus payments to date - I think the outstanding work is significantly more than the cash left to pay.
We have a problem. Far bigger than the windows!
Off to email the architect.....

[cheerupandhaveaglassofwine]

Guess as a last resort you have always got channel 5 and cowboy builders, but I really hope you can apply enough pressure in the right way to get the result and things finished without going down that route

[JugglingChaotically]

Oh no.
Cowboy builders, Facebook, Twitter and public humiliation. (For me as well as builder
At least you made me laugh with that thought. )
Cheaper than lawyers I guess but I do really hope not!
The work to date has been excellent.
So he's not a cowboy in that sense.
Just trying to increase the ££££ I fear.

[cheerupandhaveaglassofwine]

Think the main problem with builders is they price and agree a job which will take x weeks, then price and agree another job to take y weeks

Job 1 overruns and they have to start job 2 so they leave 1 person on job 1 working very slowly while getting on with job 2 and getting paid in instalments up front again

Do you know where they are working at the moment if not at yours, maybe turning up and hassling them there in front of there client may not go down well but if they don't want a scene that will cause client 2 to stop paying they will have to get yours finished

[JugglingChaotically]

Not sure where they are working at the moment but would like to and will try to find out.
It must be local as his men can appear quickly.
He doesn't put named boards up though so can't spot it that way.

[JugglingChaotically]

So. No meeting and pay me more is the response. Then things will restart.

[cheerupandhaveaglassofwine]

Finish the job you were paid to do and then you will get paid would be my response to that

How about a big banner hanging outside your house

Building work half completed by xxx builders
Don't make the mistake I did by getting them to build for you

Completely factual first line and offered opinion on second will probably threaten to sue but if you check it out on a legal or building forum it may work

Someone near us had a sign to that effect about bovis for a while, funnily enough every problem they had got sorted fairly quickly, although they were one of the first houses on the estate being built so every potential buyer had to drive past it

[JugglingChaotically]

He's not moving.
Architect view is that he must meet.
No idea how as no leverage.

[HappyGoLuckyGirl]

Ooo, I would get so technical on his arse.

Does this contractor understand the words JCT Minor Works? It's a legally binding contract.

a) pay me more money doesn't work.
b) if he walks off the job you have the right, under the contract he signed, to take the dispute to mediation and adjudication, if necessary.
c) what the actual hell is your contract administrator doing?!

I think your problem lies in both the contractor and the contract administrator.

Your CA should be valuing work properly, so that it accurately reflects the work done, which he hasn't.

If your contractor walks off site and refuses to carey on works, you have the right to serve notice to terminate his contract. Once you have terminated an account should be drawn up by your CA - if you have paid him more than the value of his work then you have the right to recover those monies as a debt. Under the contract.

I'm so mad for you.

[HappyGoLuckyGirl]

Your contract administrator should know all this! It's written in the bloody contract.

[JugglingChaotically]

Yes. I know.
I don't understand what's going on.
But how do we get it back on track?
Have requested a meeting.
No luck though. Is dropping to 1 man there doing little or nothing a sufficiently substantial reduction to mean that he has legally gone off site?
Architect says leaving one man is enough to stop him being in breach?

[HappyGoLuckyGirl]

Let me check at work tomorrow. There's a blank Minor Works Contract on my desk.

[JugglingChaotically]

The architect is addressing all these issues but it's hard to negotiate as a one sides conversation!

[JugglingChaotically]

Happy - thank you!
Would really appreciate it.
Horrendously stressful.
And utterly unfair.
But yes. Need to be in work mode and leave emotions at the door.
DH is being macho and will pursue him in court for all damages - penalties and liquidated - if he walks off.
and then will ensure the company pays up or goes bankrupt if he doesn't pay up.
I think it would be less stressful all round if we could just get the job done at a reasonable price and not months late!

[HappyGoLuckyGirl]

To be honest, if he has practically stopped works, is running 11 weeks behind schedule and you've paid him more than the value of his work to date then he isn't going to have a leg to stand on if it progresses to adjudication.

I'm genuinely baffled as to what grounds he thinks he has.

[Slowdownsally]

I am completely with happygolucky here. What is your architect doing?

Is the architect granting these extensions of time and if so, where is the paperwork? (you should be getting copies of this) only the architect can agree to increasing the time allowed for the works within reason, otherwise it's time over the builder cannot charge labour for.

If you really want to play hard ball, get a solicitor to write a letter to the architect and builder. Architect can be reported to the architect's registration board (ARB) for failing to fufill their duty of care, e.g signing off valuations for work not yet completed.

Ask your architect for a full breakdown of works completed or partially completed with cost as per the valuations and then yes, a face to face meeting.

I almost dread to ask, but Is your architect actually an architect? You may have recourse through their PII if they are.

[SadOldGit]

cut your losses

Sounds familiar - large double story side and rear extension. Started fab - then after few weeks started being sporadic (realised doing other jobs as often disgruntled clients would ring up when he did turn up at ours)

Limped on - majority of work done (house all finished indoors) until he stopped altogether - half finished patio and step, paid for patio door (never seen) and snagging and new porch. Claims to be bankrupt - we are out of pocket (enough but not a major amount). Now looking for new builder to finish off. Went without holiday this year to get over the deficit - booked a fab one already for next year - refuse to let the cowboy get to me

[Slowdownsally]

I know it might be tempting to sack the builder, but they have to be in breach of contract and even then there are steps that have to be taken first.

You really should get some professional guidance from your architect, but it sounds like they are also pretty shite too.

You do have recourse and options though, under your JCT and contract with your Architect, which should be an RIBA domestic small works contract.

If I were you, I'd honestly take those plus all paperwork to a solicitor who specialises in construction and get a letter issued immediately.

Get a face to face meeting with all parties and try and resolve with an appropriate schedule and agreed extension of time that is reasonable and realistic.

[JugglingChaotically]

No extensions of time has been requested or granted.
Just go slow.
No proposal to charge beyond contract other than for "variations".
Though he does keep saying decision now or it will cause delay so I generally reply by return.
Where he quotes silly amounts for variations we object, it comes down.
He is trying to increase his margin.
I have spreadsheets were he lists contract items and says % complete.
Architect checks.
To date has said all far a tad optimistic so to delay paying for a few days while work caught up.
Then last few have has to be revised downwards and reissued.
Latest revised downwards by thousands without adjusting for windows and wood not delivered.
Which architect now agrees should be adjusted.
He does not want him to walk. I don't either.
Silly as it sounds the builder is nice and his work is good.
He isn't hiding anywhere. Upstanding member of his local community per google!
So think it is all about cash.
Perhaps he was expecting to made money on extras. He hasn't made as much as he thought on supplying goods as when he quoted silly £ then either architect or I got quotes to supply elsewhere.
And when he quoted silly variations we just said no and be repriced - generally to around half/60%.
If he'd simply added 10% he might have been ok but 50 to 90% was just silly!
Yes they are architects.
Never again!

[JugglingChaotically]

Never again re large building project that is.
Or not till I have retired and can monitor daily!!

[JugglingChaotically]

Sadoldgit - like you we will try and limp on till inside done it think.
Then we will see.

[JugglingChaotically]

Slowdownsally - architect has called a meeting. So we wait.
And visit daily to take photos so we can proof lack of progress - either to strengthen our hand now or for use on dispute.
As said above architect thinks having one man on site doing v little is just enough to prevent him being in breach by walking out.
However it is a substantial drop in activities. There ought to be several trades on site and lots of men!