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.

I don't think you have said yet what the builder's reasons are for wanting more money. Why does he think you should pay him more?

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.

Based on this I would be threatening legal action. Unless he has a justifiable reason.

Because his valuation shows an amount payable. (Reduced by thousands on initial challenge)
It is not agreed by the architect, includes large items not delivered to site and long overdue and includes items the architect has disputed and errors.
Any amounts due - after all these adjustments so possibly zero but certainly small - are not due till 14/10 at the earliest.
All prior invoices paid in full ahead of due dates. Well ahead!

Any items delivered post 31.10.14 would be included in the 14.11.14 valuation and due 28.11.14.
Though goodness know I would not wait but would happily agree to pay on the day of delivery - after delivery - as long as architect signs off that we are only paying for work done to date and good on site.

He has no reason. And sent one email to support the nature of the demand.

Is it an additional 6k or an early 6k?

Thankfully you have that in writing. You have paid for items that he has. I would definitely start seeking proper legal advice, as your architect seems rubbish (I have had experience of rubbish architects too, so I sympathise).

What a nightmare for you. I think you need legal advice.

As I understand it, his valuation is meaningless. Your contract should confirm it is the architect's valuation that means money is due as long as it is issued on time. I would get legal advice ASAP too - I don't se how your architect is impartial if there is even a possibility he is liable for the windows if this goes pear-shaped. Hanging onto the windows which you have paid for until you pay a made up figure with no legal basis sounds quite like extortion.

Agree with above posters.

I wouldn't even bother getting your Contract Administrator to serve a default notice on your Contractor, as he's just as bad!

Get yourself some proper legal advice and start proceedings on both of them.

And YY to the PP who said about hiring a Surveyor to do Contract Admin for the rest of the job. We're the best.

Maryshelley - you could search the RICS website for a local surveyor.

You could ask your architect for quote too. They are certainly not all like the potentially incompetent one discussed here.

Your job may not need the thorough oversight of full contract admin though. Very hard to give a proper view here.

OP - as per PP and my comments before - please get thee to a solicitor.

Sorry to hear your troubles OP, feeling like we had a lucky escape. We had some fairly major work done to extend and remodel our downstairs and didn't have a CA or even a contract with our builder of any kind. Luckily it all went well, but glad I didn't read your post before starting. Hope you get your situation sorted out soon - there are some great builders out there. X

Thanks all.
Happy - I have quoted the default clauses at them and crawled over the contract (thought that was what architect was for!). Architect has suffered total amnesia over his comments on Monday that the builder had been quite clever leaving one man on site so as not to be in default.
Whether he believed that or thought it was a good line to delay our reaction while he tried to resolve I don't know.
Have also quoted clauses re delivery to site and payment etc.
And he has now issued a variation for something the builder had told him was outside the contract!?!!
Nothing is outside contract. It's either main contract or agreed variation. Or not happening.
Thank goodness for emails and texts as back up!
Architect now showing taking a much more robust approach with builder and I have toughened up with both.
Meeting later today with both.
Finally.
One last try to turn this round.
And a much better understanding of how this all works.
Thankfully I am so busy generally that most communications with and instructions from me have been in writing - email and text and all backed up.
Will let you know how it goes.
I think odds of getting progress as slim and we are quite prepared for the alternative if required which makes us stronger.
I was at the end of my tether this week so all advice invaluable.
Not only has it informed me and made our position stronger but it kept me more or less sane!
More to follow, I'm sure.
Thanks

Marmite. That's good to hear!

Well done on confronting your architect! Hope you get somewhere with the meeting.

Let us know if you need any more help, I'm sure myself, Sally and other posters would like to help as much as possible and hopefully see a good outcome.

Good luck!

I will be as tight with the architect going forward as I will with the builder! Couldn't do it without all of you backing it up.
A step backwards though. No one at all on site today.
Have sent a list of info required to the architects ahead of the meeting.

Assume builder pulled his man off when he realised that it didn't stop him being in default.

Have you thought of going to the Citizans Advice Bureau?

One of the points here is that the builder/architect have lots of experience ripping off dealing with clients, whereas you have only the one. At the CAB, there would someone who had experience of this from the other side, which would help you with taking the emotion out of the dealings.

Ok.
Builder has now cancelled todays meeting.
Without rescheduling.
No more work unless I pay £10k in cash.
If we serve a formal default notice can we then withdraw it if he resumes work?
We want to give him time to reply or meet and have cut off.
But also a way back in.
If he delivers all that should be there and resumes work we will pay him for all delivered and anything due. Without waiting for the due date.
Don't want back him into a corner.
The scaffolding is still up so it does still look like he might come back.
Help??

Happy. I have read the contract. (Wish if done it properly before!).
He has one week to get back on track if we serve notice then we have 10 days to terminate from the end of that week if not

Yes - you've got it right there re. 7 day period after notice.

Are you sure the scaffold is his? He could have sub-contracted it out.

Serve notice. The fact he wants you to pay him thousands of pounds in cash is just...NO. Massive red flag.

He's using you to prop up his business, either he owes a lot of money to suppliers or he's borrowed money off...not very nice people.

Serve notice. Do not, under any circumstances, give him any more money. If he resumes work then go to site with your Architect and do a valuation of works completed. If you've paid him more money than the work valued then don't pay him AT ALL until he catches up.

Happy. Thanks. I've got my work head back on.
Emotions firmly to one side - as someone sensibly advised further up this thread!
We will not pay one cent more than work done and goods delivered.
If he's not on site tomorrow notice will be served.
I have no problem funding my work and will pay suppliers directly for materials if required and pay the builder every week if it keeps it on track.
But I am not funding anything or anyone else!

I really feel for you. We had a builder who started off well and things were progressing on schedule. Then things started to slide on the schedule. We got to the point where we were constantly hassling for when things will get done. We gave them the opportunity to extend the completion date but they insisted they could keep to that date. Admittedly scheduled payments were based on work done until near the end where we disputed payment due to non completion of works. At this point they had pretty much stopped work on site. The red flags were
Non payment of employees and contractors.
Sacking of staff on our site.
Guys being taken from our site to work on other sites.
Using local DIY supplies like B&Q rather than accounts.
Guys on site purchasing supplies to claim back later (but not getting reimbursed).

Interestingly our builder put themselves down as the contract administrator which makes it very difficult for them to serve notice upon themselves. Eventually we refused to pay more for work not done. We administered the contract and gave four weeks notice to complete jobs and surprise we had no communications at all. We sacked them and got other local trades to complete the work.

We also felt like we should continue with the builder for continuity of work ie electrics certificates etc. However, we managed to speak direct to the electrician who gave a certificate for their part and a new electrician on site did a certificate for the last bit with testing. Building control have been happy with this and very much informed of our plight. We deducted liquidated damages as per the contract but I guess the builder saw no profit in the job so didn't honour the contract. We gave many chances and to be honest it caused us a lot of stress. It was a relief to sack them. We haven't paid the final amounts and that money has covered others to complete the job. We could go to small claims for liquidated damages I guess and will certainly counter claim should they come back for more monies.

Hope you get things sorted. Be decisive, get other contractors in for quotes so you are ready to progress if this builder defaults.

Any progress Juggling? Fingers crossed for you!