Nightmare extension - should we make deductions?

[otherstories]

Morning,

We're almost at the end of a nightmare build which should've taken 12-15weeks and will hopefully be finished in week 33!! There is nothing that went right, some problems were unavoidable and understandable (e.g. hitting a sewer) and we have been incredibly patient with them. Other things have been ridiculous, for example using incorrect structural timber so we can't have the exposed beams which were a key part of the design, missing a row of bricks so the patio door was 50mm lower than the floor level (wtf!), and the obvious going over the contracted end date simply because builders weren't on site!

This really is the tip of the iceberg and although they have rectified the doors we have made a huge amount of compromises and the finish quality is still not perfect. The floorboards have been sanded and finished three times now because of incompetence, and we have now seen that the sander has damaged the sliding doors, the bespoke kitchen doors and the built in storage.

We threatened them with a £1000 fine per week over the contracted date as incentive because only one man was on site for 3 weeks, they revised the end date and we agreed to give them a further 10days (this was at 11weeks post deadline) and here we are, 4 weeks on with no one on site and one big job left to do in the last week of September.

We have a JCT homeowner contract in place and are using a FMB accredited builder - neither organisation can give us pointers on what is reasonable at this stage. We have tried the CAB, who direct us back to FMB. I was willing to let the fact they are well out of contract spec slide to have the peace but the end quality isn't what we've paid for and more importantly the sliders are likely irreparable.

Anyone had a similar issue or advice on financial penalties, if reasonable? We've got the final instalment (1/8th) to pay plus the 5% snagging.

I hope someone with more knowledge will reply but I don't think you can just decide and make deductions as the contract doesn't have a late clause.

I think you can send them a recorded letter where you say they have to be finished by a certain date and if they fail to do that, cancel the contract, appoint someone else to finish and you should be able to claim your costs back from your original builder.

Personally I would prioritise getting the finish you want rather than the timing. Consider getting a project manager to adjudicate/help if you can find a local experienced and objective one. Cost up getting the sliders replaced and the rest of the work and damage fixed and give them the option of walking away now with the remaining payment less 5% snagging less the cost of the remaining work, or finishing to your satisfaction on xxx date with a penalty for every week over. From what I see moat big builds have their nightmare elements and run over time and cost, sadly.

Is this not in the JCT?

Did the Principal Contractor bring in each trade or did you stipulate who was to be used on site? Have you been given a copy of the Construction Phase Plan?

FMB isn't worth the paper it's written on, sadly. Anyone can join to use the name with next to no checks done on the company.

Take lots of photos. Maybe get some legal advice on the contract.

I have huge sympathies about wanting to retain money, but be careful.

Thanks for the replies. The contract does have a late clause in the sense that it says it is unacceptable for the contractor to over run beyond a reasonable amount of time without reason, but there are no fixed penalties, just something for both parties to agree to. Personally I think 21 weeks late where we had an initial 8 weeks with nobody to build just demolition, 3 weeks towards the end where they could've had the team here and finished up but sent one guy and then the current 4 week delay with no one on site to finish the roof.

Believe me when I say we have been very patient! Some of the spec is unachievable now - they used cheap green structural beams rather than the Douglas fir specified but to rectify that would've meant taking the whole roof down, the knock on effects mean that the ceiling in the existing part had to change, including the loss of sound insulation which again was specified. The windows were fitted too far into the recess for the cladding to work, which was discovered after the worktop was cut and fitted so we now have a 1inch strip behind the worktop. They messed up the new roof and drainage, currently the drainage sits at the front of the roof, which slopes away from the hole so there is a permanent puddle up there. They have used the wrong fixing screws on the cladding which has damaged the wood, in a bid to improve the aesthetics they have filled over the screws, the paint hasn't covered well so it's blotchy and now unremovable. Even the guys on site have described the project as cursed, without exaggeration nothing has gone right. I can get over most of it but now that the carelessness has damaged the doors (after they were originally fit too low and had a pane smashed meaning the site wasn't secured/weatherproof for a further 6 weeks.)

We will definitely write up a full snagging list of the things they can fix, dodgy plastering, leaking sink etc. Given that he acknowledged the previous penalty for over running, although he didn't agree just said it would be 10more days (many weeks ago) do you think we would be reasonable to impose that at least? I don't want to be an arsehole, I know there are more important things but I also know that they are now taking the mick.

You need to speak to a lawyer. You can’t just impose penalties which aren’t in the contract.

I would withhold payment and speak to a lawyer. Until you know exactly where you stand, you can't make deductions but that doesn't mean you have to fork out for such awful work either.

The JCT has the contracted end date and states it will be extended in certain circumstances to a "fair and reasonable" amount due to changes in work details or delays beyond his control such as caused by customer. I guess I'm asking if there is a precedent and whether it has to be escalated to a court claim or if we can impose the fine, which they have had notice of but obv paid no attention to.

Vivienne, we specified glaziers for doors and joiners for the bespoke work but flooring, roofing, plumbers and brickies were all brought in by Contractor. Ultimately I think all the issues stem from the fact that the contractor and project manager is based in the office due to disability and he hasn't appointed someone qualified on site, just used one of the builders who has no experience in project management. The guy in the office has also not let those on site manage work themselves instead giving them instruction over the phone inconsistently. Just had to google Construction Phase Plan, we definitely haven't seen one.

Thanks Sassy, whilst I'm here and children are screaming is it a contract lawyer or some other specific domain we need?

That sounds awful. I know you say you can live with most of it, but you shouldn't need to. I'd get another contractor in and s cost for making good the defects and finishing the job. Then come to an agreement with current builder about withheld money and go with new one. Your builder will have professional indemnity insurance. Calum on that if need be.

Thanks Agent, I'm sure in a years time we will regret it if we just let things go but I'm so tired of it all now :( my second child was born in the middle of it (3weeks early and ironically on the builders contracted end date!) so I'm desperate to be able to use the space and get on with living.

One of the labourers has just turned up to remove portaloo, unsurprisingly the company who was collecting it has an issue so will have to do it next week. You couldn't make it up. He's also told me that the company is being closed in November, I'm glad because the owners health is clearly affecting business but selfishly a tad concerned what this might mean for us if other issues arise.

Guilty, I think you're right but will have to make sure we aren't causing issues out of contract when they do issue the final invoice (again, they keep sending it but the job isn't finished!)