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.

It seems to me that the relationship between the architect and contractor is too cozy. They're working on other projects together. Sorry Juggling, but I don't think your architect is being professional.

Yes Happy. He said give me another £Xk and I will deliver the items (i have already paid for) and work will continue then you pay me the balance of the (not yet agreed and not yet due) invoice.
Words in brackets mine. Not his.

No - architect as irritated as I am.
Think perhaps he expected this chap to work in same way as some of his other contractors whom he has used for years and so was caught out slightly.
This chap is new to them. Worked on another job locally and they liked his work.
So did I till this all started.

If I remember correctly then under JCT Minor Works valuations become due every 4 weeks.

I don't know what the hell your architect is playing at. Valuations don't become due because the contractor says so?! Your CA should be attending site and valuing work done, that he can see with his own eyes at that point in time, and drawing up a valuation based on that.

I have never, ever heard of a valuation being done off the back of a contractor's invoice, without the CA attending site.

Your architect is a fucking idiot all over the shop.

Your contractor sounds like a cowboy. Your architect is a moron.

sorry.

Just caught up with thread.

Have little to add, except that happy is absolutely correct on every point, especially the previous post.

I get the impression your architect is very green and is following the contractor's lead, which is the antithesis of of what their role should be.

They are supposed to be ensuring the whole process is fulfilled safely, responsibly and with due diligence to the design and construction process, as set out in the JCT and contracts.

I really would report to the ARB on this one, and suspect that a stiff legal letter to the architect may get them moving properly. They may just pass the whole lot to their insurers though which would be a risk.

Not sure if I missed it, but do you have a site meeting date yet?

Also, there will be site meeting minutes from the architect which may be worth requesting so you can get a feel for the chronology.

I honestly think that you should be instructing your architect to sack the builder for breach of contract and appoint a new one to finish the works.

You can continue to follow up with legal action for the additional money it will cost.

I really don't think you can trust the builder to so the work to a good standard or to even get back on site.

This is truly shit for you. It's worst nightmare territory for a build programme and can be such a headache to resolve, especially when the architect is not carrying out their role.

Absolutely agree with Sally. Feels like your Architect is being told what to do by your Contractor, when it needs to be the other way round.

OP, sorry to say this but my experience confirms the last few posts. Our decent but I don't think amazing architects behaved exactly as Happy and Sally have described on our small and very bog standard job. This must be a nightmare for you - very good luck in getting it resolved.

We did agree to interim payments on account - fortnightly - on same terms as monthly payments so in arrears and subject to architects valuation.
I should have said, Architect has visited site and discussed and agreed valuations each time. (Albeit the builder took a while to adjust to "propose and agree first, invoice second" as a process!)
Architect has described some as optimistic and advised we did not pay too quickly so the build caught up.
He did note some points for discussion at the end rather than not pick and irritate the builder in early stages.
He has taken a much tougher line on last couple.
Payment in advance for windows was signed off and a mistake.
Especially there is no sign of them -and delivery dates missed.
But it's now impossible.
And to make things worse the kitchen is due on site soon and there are large penalties if it has to be stored and the fit delayed - it's being done by kitchen co.

Architects local and not green. Think builders behaviour has taken them by surprise also?

Meeting date not yet agreed

I don't understand.

If your architect has been to site each time and discussed the valuation with the contractor, then he should have been issuing valuation and interim payment certificates detailing the amount to pay based on his valuation.

How can he say the valuations were 'optimistic' if he has done them?

Builder values, architect signs off or asks him to adjust and reissue.
(Reality - builder issues a day or so early, then valuation then discussions then sign off)
He signed off payments for things ahead of delivery and took a light touch to over charging - all was going well and said he found some points better agreed at the end as no ability then just to increase say an extra piece of electrics or build in cupboard or any other variation.
It seemed reasonable. We were naive I guess.
It went from good to out of control so quickly.

So, effectively, your builder is issuing the valuations?

I'm genuinely gobsmacked. Have you ever received an interim certificate from your architect? The only time the contractor can issue a payment notice is if the architect fails to supply an interim certificate (after 5 days from the date such certificate becomes due).

No - email on valuation and support or otherwise.
Think builder thought he could do what he liked.
Then architect toughened up and he downs tools.

Latest is he has told his men to down tools as we haven't paid him!
But we have more than paid.
He has windows apparently but won't deliver till we give him more cash - 2nd hand from one of his trades but makes sense.
No cash, no windows, no work.
Also per email where he said pay me £6k and I'll deliver as I said below.
Next cash due 14th under contract.(and that's assuming 14 days from invoice date, happy, so the earliest!)
And with no windows or floors on site it's next to nothing.
Architect has not agreed valuation.

If I give him more cash how do I know windows will arrive?
Or we will just be further in the hole.
Pay on demand or else?
Someone said I was calm further up this thread. Not now.

Is there a smiley for utterly distraught?

I'm no expert but I wouldn't because you can't guarantee he won't pull this stunt later on, or just generally treat you and the job with decency. I think he has shown that he is willing to play dirty, so I wouldn't trust him to complete the work to your satisfaction, even vaguely. But if you do go down the legal route can you be confident you will get what you are owed? Is there a chance he will wind up his business to avoid paying?

Can you afford to forget what he owes you and just get someone new in to finish off the work, if necessary? I think you need to answer that question before you decide whether to negotiate more money for more work. But my fear would be that he would believe he has you over a barrel if you go down that route, and act accordingly.

Unicycle. I agree.
We should have been tighter on this from day 1.
If he's done it once, likely he will do it again.
His work is good though.
But would he bankrupt his company and reputation to avoid paying under contract - I don't know.

"Payment in advance for windows was signed off and a mistake"

The Architect is now responsible for this amount should the builder default.

It's a nightmare.
What's scary is the way it turned as soon as he was challenged.

I would be serving a default notice.

What a pig. And your CA is a knob too.

Get yourself to a solicitor, asap.

He's already in breach of the contract anyway.

You should have some recourse through your architect as he valued works not done and materials not on site.

Poor you, this sounds awful.

It sounds as though the greatest fault is with your architect and his failure to adequately fulfill his role as CA.

If you end up having to ditch everyone, could I suggest a good Chartered Surveyor as your CA and appointer of new builders.

I have always used a surveyor as CA. Ime, it is the CA who produces the valuations following careful monitoring and inspection of works, not the builder. The CA discusses this with the builder in advance. Our valuations have always been issued by the CA and the builder then issues an invoice to that effect. The CA should not have allowed you to purchase the windows and the builder to withhold them. That's bonkers. Is that not theft?

I can't see how you can get back from this as it all sounds too entrenched. Yiur architect is supposed to be acting on your behalf and your best interests, not the builder's. He sounds terribly weak.

I have no words of wisdom but hope you can get some resolution.

Could you appoint someone such as a surveyor to do some kind of independent audit?

Architect still of opinion it can be resolved.
Am I wishes for the impossible?